Instinctive synthesis and the rule of law critique: Unlocking Aladdin’s cave

Abstract

This article addresses the criticism that instinctive synthesis undermines the rule of law. With reference to Australia, the United States, and England and Wales, the author discusses two competing approaches to sentencing offenders: instinctive synthesis and two-tier sentencing. In particular, he examines how these approaches square against various conceptions of the rule of law. Ultimately, the author rejects the argument that the instinctive synthesis approach is contrary to the rule of law.