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Full-Text Articles in Jurisprudence
Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson
Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson
Articles & Book Chapters
This article, one in a collection of articles on the history and jurisprudential contributions of the British Columbia Court of Appeal on the occasion of its 100th anniversary, looks at the role and the work of the court in the area of sentencing since the court was first given jurisdiction to hear sentence appeals in 1921. In the three broad periods that we canvass, we draw out the sometimes surprising, often unique, and frequently provocative ways in which the BCCA has, over its history, wrestled with the practice of criminal punishment and, with it, the basic assumptions of our system …
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Articles & Book Chapters
In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …