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Cruelty In Criminal Law: Four Conceptions, Paulo Barrozo
Cruelty In Criminal Law: Four Conceptions, Paulo Barrozo
Paulo Barrozo
This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. No one should be neutral in relation to cruelty. Eminently, cruelty in criminal law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of …
Fact Therapy: Review Of William J. Stunz's The Collapse Of American Justice, Paulo Barrozo
Fact Therapy: Review Of William J. Stunz's The Collapse Of American Justice, Paulo Barrozo
Paulo Barrozo
Book review of "The Collapse of American Criminal Justice" by William J. Stuntz.
Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo
Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo
Paulo Barrozo
What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the …