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The Right Not to be Criminalized: Demarcating Criminal Law's Authority


ISBN13: 9781409427650
Published: May 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00



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This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. This book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. This book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. This book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

Subjects:
Criminal Law, Jurisprudence
Contents:
Unprincipled Criminalization
Taking harm seriously as a fairness constraint
The limits of remote harm and endangerment criminalization
The harm principle vs. Kantian criteria for ensuring fair criminalization
The moral limits of consent as a defense to criminal harm doing
Criminalizing harmless wrongs
Conclusion
Bibliography
Index.