Title

Pursuing Justice in a Free Society: Part One-Power vs. Liberty

Document Type

Article

Publication Date

1985

Abstract

The problem of pursuing and achieving justice in a free society involves three different areas of analysis. First, the types of acts that are to be proscribed must be specified. Part of this analysis is methodological, requiring us to settle on the way in which such questions are to be decided. Second, once an offense has been defined, the remedy for its commission must be determined in a manner that is consistent with the theory of justice that defined the criminal act. Finally, the structure of the legal order that will efficiently enforce these principles-and at the same time not violate them-must be explored.

Publication Citation

Randy E. Barnett, Pursuing Justice in a Free Society: Part One-Power vs. Liberty, Criminal Justice Ethics, Summer/Fall 1985, at 50.