Is there a place for hope in law?
This post is co-authored with Kimberley Brownlee.
We humans are wired to hope. The very act of planning is fueled by hope that tomorrow will come, that the object of our hope is achievable, and that we will have the resolve to take concrete actions towards it.
Such a personal emotion might seem to have little place in the law. After all, hope is not something a court can simply grant. And yet, recent developments in European human rights law have begun to suggest that the law might have a role in fostering, or even protecting, the fragile social conditions that make hope possible. Specifically, European human rights law has begun to develop the idea that there may be a legal right to hope in the context of prison sentences, and particularly life sentences.[1] This refers to the notion that sentences must carry ‘a prospect of release and possibility of review’.[2] It raises a host of interesting questions – many of which were investigated at a recent LSE Law working paper series which we participated in.
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