Publication Date

2015

Journal

Critical Analysis of Law: An International & Interdisciplinary Law Review

Abstract

Alon Harel argues that the acts of a public official acting with "fidelity of deference," are "necessary," "non-contingent," "intrinsic," "constitutive," integrative," "expressive," or "inherent" features of legal punishment. Accordingly, he calls his argument "noninstrumental." This can be taken as an argument for logical necessity, definition, extension, or modest or immodest conceptual necessity. Only the last interpretation fits Harel's text, but such an argument fails because instrumentality is necessarily present in any event in the natural world, including punishment. Harel does not say which aspects of natural instrumentality he means to exclude from his argument, or how, or why.

Volume

2

Issue

2

First Page

281

Last Page

293

Publisher

University of Toronto Faculty of Law

Keywords

Violence, Crimes Against the Person, Comparative and Foreign Law, Criminal Law and Procedure, Jurisprudence

Disciplines

Comparative and Foreign Law | Criminal Law | Criminal Procedure | Jurisprudence | Law

Comments

Why Law Matters & Arts and the Aesthetic in Legal History: Book Forum: Alon Harel, Why Law Matters (2014)

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