Is criminal law “exceptional”? In other words: is criminal law essentially different from any other branch of the law, being governed by special—indeed, unique—principles, different from those underlying the remaining parts of the legal system? My answer is: perhaps criminal law was exceptional—at least, the standard doctrinal opinion used to assume that it was. However, such an assumption is hardly convincing today.
The remains of exceptionalism in criminal law
Vigano, Francesco
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Abstract
Is criminal law “exceptional”? In other words: is criminal law essentially different from any other branch of the law, being governed by special—indeed, unique—principles, different from those underlying the remaining parts of the legal system? My answer is: perhaps criminal law was exceptional—at least, the standard doctrinal opinion used to assume that it was. However, such an assumption is hardly convincing today.File in questo prodotto:
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Viganò2021_Article_TheRemainsOfExceptionalismInCr.pdf
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