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Towards A Re-Principled Criminal Law, Sarah Wood, Pablo Sanchez-Ostiz
Towards A Re-Principled Criminal Law, Sarah Wood, Pablo Sanchez-Ostiz
Sarah Wood
ABSTRACT: The perceived tension in current discussion of criminal law among efficiency, security, and constitutional rights should be examined in light of the work of Dworkin and Alexy (among others) in order to develop a model of legal argumentation based on Principles for Criminal Law. I consider the following three principles to be the foundational elements of legal argumentation in criminal law: 1) establishing societal security; 2) ensuring respect for legal norms; and 3) assuring respect for the person and human dignity. The roots of these three fundamental principles of legal argumentation are grafted directly from distinct human characteristics: 1) …