Conclusions

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Authors: Alec Douglas Walen
Cited by: 0

Abstract

Abstract This chapter provides four types of conclusions for the book. Section 21.1 provides a review of the main theoretical distinctions in the book. Section 21.2 provides a list of twelve practical options for dealing with threats. Section 21.3 provides two lists: some ways the dignity-respecting model for targeted restrictions of liberty supports current legal practices and some revisionist implications of the same model. Section 21.4 lists the three most important implications of the book: (1) proportionality can and should be taken seriously in the criminal law. (2) There is no need to reach for sloppy pluralism to account for the range of practices that the state may engage in to respond to threats. A principled pluralism, dictated by the DR Model, can instead be invoked and can provide substantive guidance on important legal issues. And (3) the state should avoid simply appealing to consequentialist balances when it comes to matters of security and liberty. The state can and should always, even when promoting security, respect the dignity of all.

Fields of Study & Subjects

Criminal Law and Evidence Criminal Law and Policy Law Rights and Freedoms

Publication details

Pages
359–366
Publication date
7 February 2026
Language
EN
Document type
Book chapter