Dalhousie Law Journal


Patrick Kerans


Justice, distributive, retributive, Canada


The publications of the Law Reform Commission raise many ethical issues. One question - how distributive justice affects the working of retributive justice - is raised in several of their studies but not yet explicitly faced. This paper' approaches the question by way of a reflection on Paul Weiler's lucid and balanced argument, presented in "The Reform of Punishment". 2 1 fully agree with the polemic thrust of Weiler's essay, namely, that the rehabilitative model of corrections, which views crime as a disease, is inadequate and leads to injustice. What I aim to do here is to analyse and subject to some empirical scrutiny Weiler's argument to re-establish a philosophical basis for a retributive understanding of criminal justice.

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Criminal Law Commons