Why Criminalize?: New Perspectives on Normative Principles of Criminalization (Law and Philosophy Library)

Thomas SÃ birk Petersen

ISBN 10: 3030346897 / ISBN 13: 9783030346898

Published by Springer 11 D, 2019

About this Item

Why Criminalize?: New Perspectives on Normative Principles of Criminalization (Law and Philosophy Library) This book is in very good condition and will be shipped within 24 hours of ordering. The cover may have some limited signs of wear but the pages are clean, intact and the spine remains undamaged. This book has clearly been well maintained and looked after thus far. Money back guarantee if you are not satisfied. See all our books here, order more than 1 book and get discounted shipping. .

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Bibliographic Details

• Title: Why Criminalize?: New Perspectives on Normative Principles of Criminalization (Law and Philosophy Library)
• Publisher: Springer 11 D
• Publication Date: 2019
• Language: English
• ISBN 10: 3030346897
• ISBN 13: 9783030346898
• Binding: Hardcover
• Condition: Very Good

About this title

Synopsis

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization.

The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.

About the Author

Thomas Søbirk Petersen, PhD in Moral Philosophy (University of Copenhagen). Professor with special responsibilities in Ethics (University of Roskilde). Thomas is the author of several books and book contributions and has published in Journals such as: Bioethics, Criminal Law and Philosophy, Ethical Theory and Moral Practice, Journal of Happiness Studies, Journal of Medical Ethics, Neuroethics, Res Publica, Theoria. He is a member of the Danish Councils of Ethics.