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Rebooting The Discourse On Causation In Criminal Law: A Pragmatic (And Imperfect) Approach, Michele C. Materni
Rebooting The Discourse On Causation In Criminal Law: A Pragmatic (And Imperfect) Approach, Michele C. Materni
Mike C Materni
Causation in the criminal law is an extremely complex issue for several reasons. Prime among those reasons is the fact that most scholars who have tackled the issue have done so by searching for a universal, comprehensive solution. This Article starts from the premise that such a solution is unattainable. Rather than embarking in extravagant philosophical inquiries, the Article offers a pragmatic solution to the issue of causation in the criminal law. Applying a methodology that finds validation in the philosophy of science, the Article argues that causation in the criminal law should be constructed in functional terms. Linking the …
Criminal Punishment And The Pursuit Of Justice, Michele C. Materni
Criminal Punishment And The Pursuit Of Justice, Michele C. Materni
Mike C Materni
Since the beginning of recorded history societies have punished offenders while at the same time trying to justify the practice on moral and rational grounds and to clarify the relationship between punishment and justice. Traditionally, deontological justifications, utilitarian justifications, or a mix of the two have been advanced to justify the imposition of punishment upon wrongdoers. In this article, I advance a new conceptual spin on the mixed theorist approach to criminal punishment – one that can hopefully resonate not just among legal philosophers, but also among ordinary citi- zens, i.e. the people who are most affected by the criminal …