The right not to be criminalized : demarcating criminal law's authority /
Saved in:
| Main Author: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
Burlington, VT :
Ashgate,
c2011
|
| Series: | Applied legal philosophy
|
| Subjects: | |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
Table of Contents:
- Unprincipled criminalization
- The problem: unprincipled criminalization
- The right not to be criminalized
- The retributive foundations of individualized criminalization
- Principled criminalization
- The structure of this book
- Taking harm seriously as a fairness constraint
- Harm and wrongdoing
- Feinberg's account of objectively wrongful harm
- Wronging non-human animals
- Non-objective and objective conceptions of harm
- Constitutionalizing the harm principle
- Wrongful harm as a normative justification for penal detention
- Distinguishing criminal harm from private law harm: culpability and collective enforcement
- The moral dimensions of constitutional rights
- Harm as a constitutional requirement
- Can courts determine objective accounts of harm?
- Drawing the line
- The limits of remote harm and endangerment criminalization
- Criminal responsibility for the acts of another
- Empirical evidence of remote harmfulness
- Fairly imputing aggregate harm to individuals
- Endangerment as a justification for criminalizing gun possession
- Conclusion
- The harm principle vs. Kantian criteria for ensuring fair criminalization
- Kantian criteria for ensuring fair criminalization
- Kant's second formulation of the categorical imperative
- Dan-Cohen and Ripstein's criticisms of the harm principle
- Harm and wrongdoing to non-humans
- Ripstein's sovereignty principle
- The moral limits of consent as a defense to criminal harm doing
- Objectivity and consent
- Harm and consent: stubborn counterexamples
- Objectivity and the limits of consent in R.V. Konzani
- Objectivity and wanton use of humans
- Other normative considerations
- Criminalizing harmless wrongs
- The hollowness of Feinberg's offense principle
- Feinberg's mediating maxims and critical morality
- The vacuity of moral realism as an explanation of criminalization's normativity
- Conventionally contingent harms
- The normative badness of offense doing
- The wrongness of conventionally contingent bad acts
- Conclusion