9783030346898-3030346897-Why Criminalize?: New Perspectives on Normative Principles of Criminalization (Law and Philosophy Library)

Why Criminalize?: New Perspectives on Normative Principles of Criminalization (Law and Philosophy Library)

ISBN-13: 9783030346898
ISBN-10: 3030346897
Edition: 1st ed. 2020
Author: Søbirk Petersen, Thomas
Publication date: 2019
Publisher: Springer
Format: Hardcover 149 pages
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Book details

ISBN-13: 9783030346898
ISBN-10: 3030346897
Edition: 1st ed. 2020
Author: Søbirk Petersen, Thomas
Publication date: 2019
Publisher: Springer
Format: Hardcover 149 pages

Summary

Acknowledged authors Søbirk Petersen, Thomas wrote Why Criminalize?: New Perspectives on Normative Principles of Criminalization (Law and Philosophy Library) comprising 149 pages back in 2019. Textbook and eTextbook are published under ISBN 3030346897 and 9783030346898. Since then Why Criminalize?: New Perspectives on Normative Principles of Criminalization (Law and Philosophy Library) textbook was available to sell back to BooksRun online for the top buyback price or rent at the marketplace.

Description

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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