Criminalising Harmful Conduct: The Harm Principle, its by Nina Persak

By Nina Persak

What are the boundaries to criminalisation? Is insult damaging or simply offensive? what's wrong with criminalising disrespect to kingdom symbols? may still legal codes be ethical codes? Criminalising damaging behavior addresses the problem of valid criminalisation in a latest liberal society. It argues that criminalisation, as essentially the most intrusive nation interventions into the self sustaining sphere of the person, can be constrained by way of normative ideas, defining the substance of what will be legitimately proscribed. partially, it's a comparative examine among significant felony criminal structures (its theories), the Anglo-American, on one part, and the Continental legal felony approach of Germanic criminal circle, at the different. additionally, the ebook explores a version constitution of definitely the right criminalisation in admire of the rules and different standards that are supposed to be to render the result justifiable. The model‘s vital aspect is the Anglo-American precept known as the ‘harm principle’, that is elaborated upon, its major components (particularly ‘harm’) and features analysed, and a few arguable open questions tackled. additional limits at the damage precept are proposed. An in-depth research of 4 Continental felony strategies, which might at the face of it look as opposite numbers to the damage precept, unearths that the overlap isn't really whole. the idea that of ‘legal sturdy’ exhibits the main power and is therefore tested in additional aspect. because it can be fascinating to undertake the damage precept within the Continent, a few sensible principles on find out how to in achieving which are additionally mentioned.

Show description

Read or Download Criminalising Harmful Conduct: The Harm Principle, its Limits and Continental Counterparts PDF

Best business books

The Retail Champion: 10 Steps to Retail Success

With either small and massive shops collapsing, patron self belief is at an all time low. The Retail Champion offers a realistic ten step approach displaying self reliant outlets how one can map out a distinct plan with a purpose to thrive, even in doubtful times.

Clare Rayner, referred to as The Retail Champion, presents the instruments, ideas and motivation had to reach the hugely aggressive retail industry. Readers could have entry to various downloadable assets reminiscent of marketing strategy, variety plan, promotional plan and money movement plan templates that let readers to paintings besides the stairs they examine within the e-book. Rayner deals suggestion on key themes, similar to defining objectives, pricing, promotions, buyer engagement, enterprise making plans and organizational structure.

Aimed at small outlets who're enthusiastic about becoming their enterprise, The Retail Champion is provided with case stories, examples, templates and the data and abilities had to make a retail company a scalable, saleable firm.

Business and Competitive Analysis: Effective Application of New and Classic Methods

The Definitive How-To consultant for enterprise and aggressive Analysis

Transform uncooked info into compelling, actionable company recommendations

Answer the questions executives ask—“What? ” “So What? ” and “Now What? ”

Today’s 24 most respected recommendations: easy methods to pick out them, tips to use them

For every person who plays research: managers, specialists, useful experts, and strategists

A thoroughly new publication through the authors of the preferred Strategic and aggressive research

How the Best Leaders Lead: Proven Secrets to Getting the Most Out of Yourself and Others

Soundview's Harold Longman Award for most sensible enterprise booklet of 2010 management is the serious issue that determines the good fortune of any enterprise or division. the facility to choose, deal with, encourage, and advisor staff to accomplish effects is the real degree of any leader’s good fortune. during this fast-moving ebook, enterprise professional Brian Tracy finds the concepts utilized by best executives and enterprise proprietors in every single place to accomplish amazing ends up in tricky markets opposed to made up our minds festival.

Referenzprozessmodell zur Steuerung der Entwicklung von IT-enabled Business Innovations in der Versicherung

Christian N. Schmid entwickelt ein Referenzmodell, das die unternehmensspezifische Konfiguration des Innovationsprozesses zur gesteuerten und zielgerichteten Entwicklung von IT-enabled enterprise options ermöglicht. Dies erlaubt einen planbaren und nachhaltigen Wertbeitrag der Innovation zum strategischen Unternehmenserfolg.

Additional info for Criminalising Harmful Conduct: The Harm Principle, its Limits and Continental Counterparts

Sample text

129 See Mill, p. 111, for a similar opinion. IV Harm Principle – A Comparative Analysis In the previous chapter we referred to four basic principles of criminalisation in the Anglo-American legal theory and among them briefly sketched the harm principle – its roots, its varying formulations, and its relationship to other principles. In this chapter, the harm principle will be examined further, first, by breaking the principle down into its constitutive elements and explaining their particular meaning (with special emphasis on the notion of harm) and, second, by addressing the principle’s main functions interrelated to the nature of the principle.

The state sometimes indirectly discourages some conduct on grounds which would be problematic in the criminal law, namely, paternalism. e. excessive consumption. Is such a basis for limiting the individual’s autonomy, more concretely, making it harder for him (or everybody) to access the alcohol, justified, in the light of the fact that it is not a criminal-law matter? Surely, the 149 von Hirsch (1993), ch. 2. ” Simester and Sullivan (2003), p. 25. The condemnation, however, is present even before the act is committed; it is there ab initio, when a conduct is being criminalised.

P. 177, 178). 63 Feinberg (1988), p. xx. 64 Or at least that minimum of morality or “the ethical minimum” that every law, according to Jellinek, encompasses. See Jellinek, G. (1878). Die Socialistische Bedeutung von Recht, Staat und Strafe, Wien, p. 42. e. referring to the (legal) norm. 66 Schonsheck, p. 7. 67 For a more moderate account of legal moralism, see, for example, Cranor, who distinguishes the so-called ‘strong’ version of legal moralism from the ‘weak’ one, arguing that the weak or weaker form of moralism in much more plausible and should not be easily discredited by liberals.

Download PDF sample

Rated 4.70 of 5 – based on 16 votes