Crime stories: posnerian pragmatism, Rawlsian pure procedural justice, and the fictional problem Morss, John 2004, Crime stories: posnerian pragmatism, Rawlsian pure procedural justice, and the fictional problem, Deakin law review, vol. 9, no. 2, pp. 643-654. Attached Files Name Description MIMEType Size Downloads morss-crimestories-2004.pdf Published version application/pdf 1.07MB 113 Title Crime stories: posnerian pragmatism, Rawlsian pure procedural justice, and the fictional problem Author(s) Morss, John orcid.org/0000-0002-0925-2525 Journal name Deakin law review Volume number 9 Issue number 2 Start page 643 End page 654 Publisher School of Law, Deakin University Place of publication Burwood, Vic. Publication date 2004 ISSN 1321-3660 Keyword(s) criminal justice, administration of law reform criminal law law due process of law criminal procedure Summary There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most significance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Criminal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawlsian notions of 'imperfect', 'perfect' and 'pure' procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A comparison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional. Language eng Field of Research 180199 Law not elsewhere classified Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies HERDC Research category C1 Refereed article in a scholarly journal Copyright notice ©2004, Deakin University Free to Read? Yes Persistent URL http://hdl.handle.net/10536/DRO/DU:30002418 Document type: Journal Article Collections: Faculty of Arts and Education Faculty of Business and Law Law Higher Education Research Group Open Access Collection Related Links Link Description Connect to published version (restricted access) Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au. Versions Version Filter Type Mon, 24 Nov 2008, 15:30:34 EST Thu, 04 Jun 2009, 16:10:06 EST Mon, 01 Jun 2015, 14:47:07 EST Tue, 06 Sep 2016, 08:53:53 EST Mon, 04 Dec 2017, 13:33:12 EST Mon, 22 Jan 2018, 13:50:33 EST Fri, 07 Sep 2018, 17:58:21 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 1120 Abstract Views, 113 File Downloads  -  Detailed Statistics Created: Mon, 07 Jul 2008, 08:24:10 EST