By Henrik Palmer Olsen, Stuart Toddington
Legislation should be obvious to consist not just of ideas and judgements, but additionally of a framework of associations supplying a constitution that kinds the stipulations of its viable lifestyles and attractiveness. during this publication, Olsen and Toddington behavior a philosophical exploration and critique of those stipulations: what they're and the way they form our knowing of what constitutes a criminal approach and the function of justice inside it.
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Extra resources for Architectures of Justice (Applied Legal Philosophy)
Should a person reveal secrets confided by a third party acquaintance to a close friend if those secrets affected the friend adversely? Should a police officer prioritize the value of diversity of race, culture and religion and structure their day to day discretionary powers accordingly, making allowances for minorities; or should an officer strive to treat infractions without regard to these matters? We could go on in this vein, but we pose these questions to ask first whether these and other practical failures affect the definitional status of the objects in question (parent/friend/police officer and so on), and if so, secondly, whether or not these ‘failures’ are failures of duty to one or another person or to a community of persons?
The standards of correctness or rightness in operation need not necessarily be standards of moral correctness or ‘value-laden’ criteria; we can have a normative view of welding or plumbing. But normative judgment must relate to some set of criteria for correctness or rightness. Where a set of phenomena is conceptualized as an aspect of social action embodying or aspiring to a set of ethical, moral or aesthetic values (as, from the point of view of our critical cognitive interests, are all social phenomena) normative theory thus makes what social theorists habitually refer to as value judgments.
But so is the fact that there is much philosophical work to be done to glean what are, essentially, the informal demands of justice. Selznick rightly says, therefore, that before an investigation into a phenomenon takes place it must be identified as such. In other words, we must know from the outset when we correctly speak of law, or famously in Selznick’s work, of ‘management’ or of ‘culture’. Not all rule-guided behaviour, for example, is law; but when is the transition made from a loose form of social organization to a legal system?
Architectures of Justice (Applied Legal Philosophy) by Henrik Palmer Olsen, Stuart Toddington