The right not to be criminalized : demarcating criminal law's authority /

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Bibliographic Details
Main Author: Baker, Dennis J
Format: Book
Published: Burlington, VT : Ashgate, c2011
Series:Applied legal philosophy
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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