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Books > Law > Laws of other jurisdictions & general law > Criminal law
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No Price Too High - Victimless Crimes and the Ninth Amendment (Hardcover, New)
Loot Price: R1,891
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No Price Too High - Victimless Crimes and the Ninth Amendment (Hardcover, New)
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Hardaway argues the criminalization of victimless crimes violates
the Ninth Amendment to the U.S. Constitution and creates enormous
public policy problems in the society. He contends that the Ninth
Amendment adjudication model and the concepts of self-determination
and the harm principle are the standards to which privacy issues
should be litigated. Hardaway contends that privacy issues should
be litigated under the standards of the Ninth Amendment to the U.S.
Constitution adjudication model, concepts of self-determination,
and the harm principle. The Ninth Amendment follows the true
beliefs of the founding fathers and their adherence to Natural Law,
autonomy, liberty, and the right to privacy. This model needs to
replace the substantive due process analysis in the realm of
personal autonomy issues used by the courts. The recognition of
self-determination and the harm principle will provide individuals
with the constitutional protection of rights the founding fathers
thought to be imperative to an ordered liberty. By seeking to
explain American policy on victimless crimes of which drug use is
one, Hardaway seeks to stir a vigorous constitutional debate. As he
shows, prostitution and gambling raise similar issues, and he
questions whether criminalization serves the interests of society.
In examining drug use, prostitution, and gambling, Hardaway
compares the policy rationales for each of these societal problems
with a view towards creating a general theory of decriminalization.
An important analysis for scholars, students, researchers, and
public policy makers involved with constitutional law and
contemporary criminal law concerns.
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