Crimes, harms, and wrongs : on the principles of criminalisation /

Crimes, harms, and wrongs : on the principles of criminalisation /

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Bibliographic Details
Author / Creator:	Simester, A. P.
Imprint:	Oxford ; Portland, Or. : Hart Pub., 2011.
Description:	xix, 237 p. ; 24 cm.
Language:	English
Subject:	Criminal law -- Philosophy. Criminal law -- Moral and ethical aspects. Criminal law -- Moral and ethical aspects. Criminal law -- Philosophy.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/8295533

Hidden Bibliographic Details
Other authors / contributors:	Von Hirsch, Andrew.
ISBN:	9781841139401 1841139408
Notes:	Includes bibliographical references and index.
Summary:	"When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop guiding principles for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher.

Table of Contents:

Part I. Criminalisation and Wrong doing
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