The Scales of Injustice

Abstract

This paper criticises four major approaches to criminal law – consequentialism, retributivism, abolitionism, and “mixed” pluralism – each of which, in its own fashion, affirms the celebrated emblem of the “scales of justice.” The argument is that there is a better way of dealing with the tensions that often arise between the various legal purposes than by merely balancing them against each other. It consists, essentially, of striving to genuinely reconcile those purposes, a goal which is shown to require taking a new, “patriotic” approach to law.