48Victor’s Justice: The Next Best Moral Theory of Criminal Punishment? (review)Law and Philosophy 32 (1): 129-157. 2013.In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm--namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified…Read more
10Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
York UniversityDepartment of PhilosophyRegular Faculty
Faculty of Philosophy
Toronto, Ontario, Canada