When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike.…mehr
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike.
A P Simester is Professor of Law and Provost's Chair at the National University of Singapore. Andreas von Hirsch is Honorary Professor at the Law Faculty, Goethe-University Frankfurt, and Emeritus Honorary Professor of Penal Theory and Penal Law at the University of Cambridge.
Inhaltsangabe
Part I: Criminalisation and Wrongdoing 1. The Nature of Criminalisation 2. Wrongfulness and Reasons Part II: Harm 3. Crossing the Harm Threshold 4. Remote Harms: the Need for an Extended Harm Principle 5. On the Imputation of Remote Harms Part III: Offence 6. Rethinking the Offence Principle 7. The Distinctiveness of the Offence Principle 8. Mediating Principles for Offensive Conduct Part IV: Paternalism 9. Reflections on Paternalistic Prohibitions 10. Some Varieties of Indirect Paternalism Part V: Drawing Back from Criminal Law 11. Mediating Considerations and Constraints 12. Two-step Criminalisation
Part I: Criminalisation and Wrongdoing 1. The Nature of Criminalisation 2. Wrongfulness and Reasons Part II: Harm 3. Crossing the Harm Threshold 4. Remote Harms: the Need for an Extended Harm Principle 5. On the Imputation of Remote Harms Part III: Offence 6. Rethinking the Offence Principle 7. The Distinctiveness of the Offence Principle 8. Mediating Principles for Offensive Conduct Part IV: Paternalism 9. Reflections on Paternalistic Prohibitions 10. Some Varieties of Indirect Paternalism Part V: Drawing Back from Criminal Law 11. Mediating Considerations and Constraints 12. Two-step Criminalisation
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