CRIMES, HARMS AND WRONGS. On the Principles of Criminalisation.
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. In "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.