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The Right Not to be Criminalized - Demarcating Criminal Law's Authority (Paperback)
Loot Price: R1,687
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The Right Not to be Criminalized - Demarcating Criminal Law's Authority (Paperback)
Series: Applied Legal Philosophy
Expected to ship within 12 - 19 working days
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This book presents arguments and proposals for constraining
criminalization, with a focus on the legal limits of the criminal
law. The book approaches the issue by showing how the moral
criteria for constraining unjust criminalization can and has been
incorporated into constitutional human rights and thus provides a
legal right not to be unfairly criminalized. The book sets out the
constitutional limits of the substantive criminal law. As far as
specific constitutional rights operate to protect specific
freedoms, for example, free speech, freedom of religion, privacy,
etc, the right not to be criminalized has proved to be a rather
powerful justice constraint in the U.S. Yet the general right not
to be criminalized has not been fully embraced in either the U.S.
or Europe, although it does exist. This volume lays out the legal
foundations of that right and the criteria for determining when the
state might override it. The book will be of interest to
researchers in the areas of legal philosophy, criminal law,
constitutional law, and criminology.
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