The remains of exceptionalism in criminal lawCRIMINAL LAW AND PHILOSOPHY, Forthcoming
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.