In this paper I analyse the claim according to which law is objective. After clarifying the philosophically relevant meaning of this claim , I distinguish several aspects of the thesis, concerning, respectively legal truth , legal error , legal determinacy and the metaphysical status of legal entities . Then, I take into consideration the phenomenology of our legal practice and the apparent support it gives to claims of legal objectivity. Finally, I stress the (...) connection between legal objectivity and normativity and suggest that legal objectivity reduces to the conclusiveness of legal reasoning. (shrink)

This volume presents a collection of essays on objectivity in legal discourse. Has law a distinctive type of objectivity? Is there one specific type of legal objectivity or many, depending on the observatory language utilized? Is objectivity fit for law? The analyses in the various contributions show that the Cartesian paradigm of objectivity is not relevant to the current legal discourse, and new forms of legal objectivity are revealed instead. Each (...) essay, in its distinctive way, analyses the strong commitment of law to objectivity, shedding light on the controversies that surround it. (shrink)

The paper deals with the critical questioning of the relation between legitimate imposed legal obligations and the rights to refuse these obligations based on the right of the freedom of conscience, i.e. conscientious objection. The critical perspective that is applied to conduct the questioning is a legal profession because, in Croatian legal culture, there is no articulated answer to the question of how to reconcile these two obligations within the legal profession. The paper draws on the (...) comprehension of John Rawls’s theory of conscientious objection since it is a systematic analysis of justice that shall submit subjective understanding of the good to the principle of right. In practice, the focus is on the grounds for acknowledging conscientious objection among lawyers as well on the obstacles to exercising this right. (shrink)

BackgroundIn 2019, the Constitutional Court of South Korea ruled that the anti-abortion provisions in the Criminal Act, which criminalize abortion, do not conform to the Constitution. This decision will lead to a total reversal of doctors’ legal duty from the obligation to refuse abortion services to their requirement to provide them, given the Medical Service Act that states that a doctor may not refuse a request for treatment or assistance in childbirth. I argue, confined to abortion services in Korea (...) that will take place in the near future, that doctors should be granted the legal right to exercise conscientious objection to abortion.Main textConsidering that doctors in Korea have been ethically and legally obligated to refrain from abortions for many years, imposing a universal legal duty to provide abortions that does not allow exception may endanger the moral integrity of individual doctors who chose a career when abortion was illegal. The universal imposition of such a duty may result in repudiation of doctors as moral agents and damage trust in doctors that forms the basis of medical professionalism. Even if conscientious objection to abortion is granted as a legal right, most patients would experience no impediment to receiving abortion services because the healthcare environment of Korea provides options in which patients can choose their doctors based on prior information, there are many doctors who would be willing to provide an abortion, and Korea is a relatively small country. Finally, the responsibility to effectively balance and guarantee the respective rights of the two agents involved in abortion, the doctor and the patient, should be imposed on the government rather than individual doctors. This assertion is based on the government’s past behaviours, the nature of its relationship with doctors, and the capacity it has to satisfy both doctors’ right to conscientious objection and patients’ right to legal medical services.ConclusionWith regard to abortion services that will be sought in the near future, doctors should be granted the legal right to exercise conscientious objection based on the importance of doctor’s moral integrity, lack of impediment to patients, and government responsibility. (shrink)

This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of the law and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice. Beginning with an introduction from the editors proposing a new account of the meaning of objectivity, the book is then divided into (...) three broad themes illuminated by this account. Chapters first address a range of problems linked to the relationship between objectivity and jurisprudence, before turning in the second part to an analysis of the functions of objectivity in legal interpretation. The final part then deals with the function of objectivity in practical reasoning. Offering a spectrum of scholarly insights within a coherent intellectual framework, this book will be a crucial read for scholars and graduate students of legal philosophy and legal theory. Its discussion of objectivity as it relates to legal practice and practical reasoning will also be of interest to practitioners such as judges, arbitrators and lawyers. (shrink)

This paper is the result of a contribution between ethics and law, which will be used as thought-process tools, to address the complex issue of legal and ethical statuses of GM fish. To find answers, we propose to consider this issue from a wider angle, looking at the relations between the human, animal, and living worlds. We show that it is possible to construct other forms of intellectual logic that, without setting these worlds in opposition, do not lapse into (...) relativism where boundaries are blurred. In this sense, we submit the hypothesis that ordered pluralism should help us to move past a mere Man–Animal relationship to reveal the entire complexity of relationships within mankind and between mankind and other (non-human) worlds alongside it and to which it belongs: the animal and living worlds. With this new logic, “animal ethics” and “animal law” are re-embedded into a set of relationships. This logic emerges from a new consideration: the nature of the contemporary objects we are dealing with. We shall call objects like genetically modified fish “relational objects” in the sense that in order to be apprehended, they utilize a set of relationships of which there are just as many as the dimensions forming them, not as predicates but as primary constituents. Experimentally, in the case of GM fish, we translate this by proposing to typologize legal and ethical considerations induced by multiple relations connected to this object. According to the type of relationship in question, the GM fish will not have the same status; it is a changing object that must be suitably apprehended. (shrink)

How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot assess (...) judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights. (shrink)

In a new book-length treatment, Tara Smith, who has written extensively on the intersections of Objectivist philosophy and law, explains how judicial review, a feature of non-Objectivist jurisprudence, should function in a truly Objectivist legal system. Divided into two halves, Judicial Review in an Objective Legal System first sets forth what Objectivism is and how Objectivists understand law. Of particular importance in this regard, Smith stresses, is the written constitution, which Smith, following the logical premises of Objectivism, calls (...) “bedrock legal authority.” In the second half of the book, Smith moves to narrower considerations of judicial review proper. Smith’s first task in those sections is to critique the “failures” of “the reigning accounts” to understand judicial review. After dispensing with the various mistaken versions of judicial review as she sees them, Smith defines Objectivist judicial review before providing a handful of examples of how such a process might work in “contemporary conditions.”. (shrink)

Quite often, for one or the other purpose, the fact (or phenomenon) that does not exist is presented to the society or individuals as the real, really existing although it (the fact or phenomenon) simply does not exist in the real life. And often the term “fiction” is used to describe such phenomena. Although fiction is considered an inseparable companion of a social life, the question arises what the actual (true) fiction is and whether the use of it in criminal (...) proceeding does not mean an intentional law maker’s (or the person’s applying the law) fraud, deceit directed towards the addressee of the applicable law. Fiction and its impact on criminal proceedings is analyzed in this article. Features, characterizing fiction are discussed here as well. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the (...) objection asserts that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

Human beings working in fields involving life, death, and morality are going to have fundamental and occasionally irreconcilable differences of opinion regarding goals, values, and actions. This has been true from the beginning of civilization. Along the way, civilized peoples have created laws that accommodate these differences so that a diverse population can coexist peaceably in one pluralistic society. As such, the Law is the practical, inchoate expression of that society's combined morals.For more than a decade, scholarly articles about conscientious (...) objection in medical care have tended to involve one group of people telling other groups what they must value and how they must behave in order to be good... (shrink)

This paper examines a legal case arising from a workplace grievance that progressed to being heard at the UK’s Supreme Court. The case of Doogan and Wood versus Greater Glasgow and Clyde Health Board concerned two senior midwives in Scotland, both practicing Roman Catholics, who exercised their perceived rights in accordance with section 4 of the Abortion Act not to participate in the treatment of women undergoing abortions. The key question raised by this case was: “Is Greater Glasgow and (...) Clyde Health Board entitled to require the midwives to delegate, supervise and support staff in the treatment of patients undergoing termination of pregnancy?” The ethical issues concerning conscientious objection to abortion have been much debated although the academic literature is mainly concerned with the position of medical practitioners rather than what the World Health Organization terms “mid-level professionals” such as midwives. This paper examines the arguments put forward by the midwives to justify their refusal to carry out tasks they felt contravened their legal right to make a conscientious objection. We then consider professional codes, UK legislation and church legislation. While the former are given strong weighting the latter was been ignored in this case, although cases in other European countries have been prevented from escalating to such a high level by the intervention of prominent church figures. The paper concludes by stating that the question put to the courts remains as yet unanswered but offers some recommendations for future policy making and research. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet (...) the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

This chapter contains section titled: Objectivity: Reality and Thought Two Approaches Error Legal Objectivity Determinacy Conventions Law and its Application Social Practices Values References.

Background In August 2017, Chile lifted its complete ban on abortion by permitting abortion in three limited circumstances: 1) to save a woman’s life, 2) lethal fetal anomaly, and 3) rape. The new law allows regulated use of conscientious objection in abortion care, including allowing institutions to register as objectors. This study assesses medical and midwifery students’ support for CO, following legal reform. Methods From October 2017 to May 2018, we surveyed medical and midwifery students from seven universities located (...) in Santiago, Chile. Universities included 4 secular and 3 private religiously-affiliated universities; all offering medical degrees with a specialization in obstetrics and gynecology and five offering midwifery degrees. We used generalized estimating equations to identify characteristics associated with student support for CO, intentions to use CO to refuse to care for someone seeking abortion, and support for CO at the institutional level. Results 333 of the 413 eligible students who opened the survey, completed the questions on conscientious objection; 26% were seeking medical degrees with an ob-gyn specialty, 25% were seeking midwifery degrees, and 49% were seeking medical degrees and had not yet decided their specialty. While nearly all endorse requirements for conscientious objecting clinicians to inform and refer abortion-seeking patients, a minority would personally use conscientious objection to avoid caring for a patient seeking abortion. About half of religious-university students and one-fifth of secular-university students support objections at the institutional level. Conclusions Most students support the regulated use of CO which preserves patients’ access to abortion care. Religious-university student views on the use of conscientious objection in abortion care are discordant with those of their institutions which currently support institutional-level objections. (shrink)

Critical Legal Studies poses a direct and expressed challenge to the basic tenets of American legal education and scholarship. Critical Legal Studies postulates that law is not a scientific exercise involving the application of objective principles, but rather a creative process involving the selection of conflicting rules which has the effect of reinforcing the existing political order. In an effort to explain the contribution of Critical Legal Studies to argumentation theory, this essay briefly discusses the role (...) of legal reasoning in the American legal system, describes and critiques Legal Positivism, lays the intellectual foundation for Critical Legal Studies, and considers the implications that this conception of jurisprudence has for argumentation theory. (shrink)

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as (...) such in virtue of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’. (shrink)

Although "objectivity" is a term used widely in many areas of public discourse, from discussions concerning the media and politics to debates over political correctness and cultural literacy, the question "What is objectivity?" is often ignored, as if the answer were obvious. In this volume, Allan Megill has gathered essays from fourteen leading scholars in a variety of fields--history, anthropology, philosophy, psychology, history of science, sociology of science, feminist studies, literary studies, and accounting--to gain critical understanding of the (...) idea of objectivity as it functions in today's world. In diverse essays the authors provide fascinating studies of objectivity in such areas as anthropological research, corporate and governmental bureaucracies, legal discourse, photography, and the study and practice of the natural sciences. Taken together, Megill argues, this volume calls for developing a notion of "objectivities." The absolute sense of objectivity--that is, objectivity as a "God's eye view"--must be supplemented, and in part supplanted, by disciplinary, procedural, and dialectical senses of objectivity. This book will be of great interest to a broad range of scholars as it presents current thinking on a topic of fundamental concern across the disciplines in the humanities and social sciences. Contributors. Barry Barnes, Dagmar Barnouw, Lorraine Code, Lorraine Daston, Johannes Fabian, Kenneth J. Gergen, Mary E. Hawkesworth, Barbara Herrnstein Smith, Evelyn Fox Keller, George Levine, Allan Megill, Peter Miller, Andy Pickering, Theodore M. Porter. (shrink)

Truth is a fundamental objective of adjudicative processes; ideally, `substantive' as distinct from `formal legal' truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. `Jury nullification' and `jury equity'. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Transnational legal communication seeks to identify transnational legal regimes and attempts to establish channels and technics for comprehensible communication of the legal information to specified groups of recipients. It also strives to conclude about possible inconsistencies in law. The approach is based on the cooperation of scientists within the area of law and applied linguistics and the coordination of their efforts, in order to conduct research from various perspectives, share conclusions and develop more complete approaches as well (...) as achieve and mutually use more multilateral research results. It strives to reconcile legal research and linguistics research despite of their very different paradigms. The paper aims to explain the nature of legal communication and to establish its general research questions and objectives. The study is going to find an answer to the question what methods are to be used to communicate law comprehensively to its recipients and to draw conclusions on the consistency of legal regimes to be communicated. It accentuates that the solidarity necessary to achieve the objective of comprehensible and consistent law goes beyond the particular interests of individual sciences and is the foundation of the existence of the transnational legal communication community, non-depending on the place of living and the scope of practical knowledge. (shrink)

Most legal analyses of selective nontreatment of seriously ill children centre on the question of whether it is in a child’s best interests to be kept alive in the face of extreme suffering and/or an intolerable quality of life. Courts have resisted any direct confrontation with the question of whether the child’s death is in his or her best interests. Nevertheless, representations of death may have an important role to play in this field of jurisprudence. The prevailing philosophy is (...) to configure death as a release from a futile or painful existence and/or as a dignified end in an objectively hopeless situation. However, there can be disagreement about the meaning of death in these settings. Some parents object that death would be premature or that it represents a culpable neglect of their child. A closer examination of these discordant interpretations allows for a better comprehension of the cultural understandings that underscore clinical and legal accounts of death following end-of-life decisions. (shrink)

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

The contents include chapters covering: theory of command; theory of sovereignty; evidence of law; theory of legal duty theory of legal sanctions; theory of the legal object; theory of imputation; theory of legal rights; rights related to ownership; foreign rights; codification of the law; & others.

This issue’s “Legal Briefing” column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States.Healthcare providers’ own moral beliefs have been obstructing and (...) are expected to increasingly obstruct patients’ access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs.There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing — on ethical, moral, or religious grounds — healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse2. Abortion: duty to provide3. Contraception: right to refuse4. Contraception: duty to provide5. Sterilization: right to refuse6. Fertility, HIV, vaccines, counseling7. End-of-life measures: right to refuse8. Comprehensive laws: right to refuse. (shrink)

Defenders of medical professionals’ rights to conscientious objection (CO) regarding emergency contraception (EC) draw an analogy to CO in the military. Such professionals object to EC since it has the possibility of harming zygotic life, yet if we accept this analogy and utilize jurisprudence to frame the associated public policy, those who refuse to dispense EC would not have their objection honored. Legal precedent holds that one must consistently object to all forms of the relevant activity. In the case (...) at hand, then, I argue that these professionals must also oppose morally innocuous practices that may prevent pregnancy after fertilization. These results reveal that such objectors cannot offer a plausible and consistent objection to harming zygotic life. Additionally, there are good reasons to reject the analogy itself. In either case, these findings call into question the case supporting refusals of EC based on scruples. (shrink)

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, (...) each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

Legal terms have a special status at the interface between language and law. Adopting the general framework developed by Jackendoff and the concepts competence and performance as developed by Chomsky, it is shown that legal terms cannot be fully accounted for unless we set up a category of abstract objects. This idea corresponds largely to the classical view of terminology, which has been confronted with some challenges recently. It is shown that for legal terms, arguments against abstract (...) objects are not pertinent. As abstract objects are not natural, it is important to consider their creation. Two types of creation are distinguished and illustrated, one for new concepts and one for terms corresponding to existing general language concepts. In the latter case, it is important for the abstract object to remain close enough to the intuitive prototype. At the same time, legal terms as abstract objects are shown to have a natural place in relation to legal theory. (shrink)

The aim of the present study is to propose an approach to legal translation quality so as to address the idiosyncrasies in legal studies and to confront the challenges and flaws of previous paradigms and models of translation quality assessment. The present approach is associated with the micro-macro textual, contextual, and legal components/variables in the pursuit of an adequate strategy through elaborating the decision making process for translation. The elements of the decision making process remain constant between (...) translation relevancy/brief, and the translation product in the source text analysis, reformulation and revision stages. Translation competence, translation product, and the translation decision making process are all the evaluative standards for both quality controllers and translators. Also, this study scrutinizes the impact of translation quality assessment involving professional and training contexts besides managerial quality. In the upshot, this approach has the potential to reduce subjectivity in the quality of legal translation based on particular methodologies. The proposed framework assists the need for the evaluation of the quality of legal translation to boost the quality benchmarks in the professional environment. (shrink)

According to some commentators of the Iranian Civil Code, the definition of sale stated in Article 183 is influenced by Article 1101 of French Civil Code. They have concluded that the essence of sale is confined to mutual consent, i.e. the sale would not be valid without the consent of either party. They have taken even a step further and considered the contents of Article 338 of the civil code, which describes contract of sale, contradictory to Article 183 and argued (...) that the sale of a specified concrete object is not contained in Article 183 while the sale of unascertained goods is obliged to that article. They believe that the definition of Article 183 of civil code excludes not only all commitments, but also swap contracts because there are two mutual commitments and two agreeing legal contracts in a swap contract while there is no mentioning of them in Article 183. However, the objections are not rightfully lodged because first, the contracts and obligations are not incompatible with the definition of Article 338 as the seller and the buyer within a contract of sale are obliged to give authority to the other party over the object of sale or the price. It means that there are two commitments and the obligation of the seller to give authority over the object of sale appears in two ways: dominion over concrete object while making a transaction and dominion over non-specified object with the obligation that it does not attend to fulfil possession by the time of the sale. Secondly, Article 183 contains the phrase “their acceptance” which includes swap contract too because this phrase indicates that the acceptance is mutual. (shrink)

The objective Bayesian view of proof (or logical probability, or evidential support) is explained and defended: that the relation of evidence to hypothesis (in legal trials, science etc) is a strictly logical one, comparable to deductive logic. This view is distinguished from the thesis, which had some popularity in law in the 1980s, that legal evidence ought to be evaluated using numerical probabilities and formulas. While numbers are not always useful, a central role is played in uncertain reasoning (...) by the ‘proportional syllogism’, or argument from frequencies, such as ‘nearly all aeroplane flights arrive safely, so my flight is very likely to arrive safely’. Such arguments raise the ‘problem of the reference class’, arising from the fact that an individual case may be a member of many different classes in which frequencies differ. For example, if 15 per cent of swans are black and 60 per cent of fauna in the zoo is black, what should I think about the likelihood of a swan in the zoo being black? The nature of the problem is explained, and legal cases where it arises are given. It is explained how recent work in data mining on the relevance of features for prediction provides a solution to the reference class problem. (shrink)

Serving as a philosopher, the author has revealed the excesses of the movement which became that of American legal realism, detected the genuine objectives of the movement, & shown the meaning of these objectives in the broader context of a theory of justice.

This issue’s “Legal Briefing” column covers recent legal developments involving total brain failure. Death determined by neurological criteria (DDNC) or “brain death” has been legally established for decades in the United States. But recent conflicts between families and hospitals have created some uncertainty. Clinicians are increasingly unsure about the scope of their legal and ethical treatment duties when families object to the withdrawal of physiological support after DDNC. This issue of JCE includes a thorough analysis of one (...) institution’s ethics consults illustrating this uncertainty. This experience is not unique. Hospitals across the country are seeing more DDNC disputes. Because of the similarity to medical futility disputes, some court cases on this topic were reviewed in a prior “Legal Briefing” column. But a more systematic review is now warranted. I categorize recent legal developments into the following nine categories: 1. History of Determining Death by Neurological Criteria2. Legal Status of Determining Death by Neurological Criteria3. Legal Duties to Accommodate Family Objections4. Protocols for Determining Death by Neurological Criteria5. Court Cases Seeking Physiological Support after DDNC6. Court Cases Seeking Damages for Intentionally Premature DDNC7. Court Cases Seeking Damages for Negligently Premature DDNC8. Court Cases Seeking Damages for Emotional Distress9. Pregnancy Limitations on DDNC. (shrink)

Hanna argues that legal punishment is morally wrong because it is too morally risky. He first briefly explains how his argument differs from similar ones in the philosophical literature on legal punishment. Then he explains why legal punishment is morally risky, argues that it is too morally risky, and discusses objections. Put simply, his argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish (...) people. We can never sufficiently reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we are fallible. (shrink)