CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, September 9, 2011

Barrozo on the Jurisprudence of Cruelty

Barrozo paulo Paulo Barrozo (Boston College Law School) has posted The Jurisprudence of Cruelty in Criminal Law on SSRN. Here is the abstract:

This article identifies and explains four conceptions of cruelty in criminal law and reconstructs the models of practical reason they inhabit. It advances conceptual, historical, and normative arguments. Conceptually, it articulates distinct notions of cruelty according to the types of agency, victimhood, values, and causality they employ. Historically, it argues that these conceptions belong with three models of practical reason which the article reconstructs in their evolution. Normatively, it argues that the rejection of cruelty is one of the fundamental achievements of practical reason in criminal law. More generally, the article indicates how the operation of reflectivity in the context of ideas about cruelty serves as a model of legal reasoning to be emulated.

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