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Books > Law > International law > International criminal law
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Why Criminalize? - New Perspectives on Normative Principles of Criminalization (Hardcover, 1st ed. 2020)
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Why Criminalize? - New Perspectives on Normative Principles of Criminalization (Hardcover, 1st ed. 2020)
Series: Law and Philosophy Library, 134
Expected to ship within 10 - 15 working days
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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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