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The right not to be criminalized : demarcating criminal law's authority / Dennis J. Baker.

Van Pelt Library K5018 .B34 2011
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Format:
Book
Author/Creator:
Baker, Dennis J.
Series:
Applied legal philosophy
Language:
English
Subjects (All):
Criminal law--Philosophy.
Criminal law.
Law and ethics.
Criminal liability--Philosophy.
Criminal liability.
Criminal justice, Administration of--Moral and ethical aspects.
Criminal justice, Administration of.
Philosophy.
Physical Description:
xi, 297 pages ; 24 cm.
Place of Publication:
Farnham, Surrey, England ; Burlington, VT : Ashgate, [2011]
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.
Notes:
Includes bibliographical references (pages [259]-284) and index.
ISBN:
9781409427650
140942765X
9781409427667
1409427668
OCLC:
682903914

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