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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Crimes, Harms and Wrongs: On the Principles of Criminalisation

ISBN13: 9781849466998
Published: July 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £22.50
Hardback edition , ISBN13 9781841139401

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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.

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.

Criminal Law
Part I: Criminalisation and Wrongdoing
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