The book defines and critically discusses the following five
principles: the harm principle, legal paternalism, the offense
principle, legal moralism and the dignity principle of
criminalization. The book argues that all five principles raise
important problems that point to rejections (or at least a rethink) of
standard principles of criminalization. The book shows that one of the
reasons why we should reject or revise standard principles of
criminalization is that even the most plausible versions of the harm
principle and legal paternalism that have been offered so far are
rendered redundant by general moral theories. Furthermore, it
demonstrates that the other three principles (or versions thereof),
the offense principle, legal moralism and the dignity principle of
criminalization, can either be covered by the harm principle, thus
making these principles also redundant, or be seen to have what look
like other unacceptable implications (e.g. that versions of legal
moralism are based on speculative and incorrect empirical assumptions
or violate what is called the criminological levelling-down
challenge). As such, there is reason to move beyond traditional
principles of criminalization, and instead to investigate alternative
principles the state should be guided by when attempting to justify
which kinds of conduct should be criminalized. Moreover, this book
presents and defends such a principle – the utilitarian principle of
criminalization.
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New Perspectives on Normative Principles of Criminalization
Produktdetaljer
ISBN
9783030346904
Publisert
2019
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter