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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences?The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
This volume investigates the foundational relationship between moral wrongdoing and the state's authority to criminalize specific behaviors. Victor Tadros, a scholar of legal philosophy, utilizes a normative framework to evaluate how principles of autonomy, harm, and consent inform legislative decisions. By examining the nature of moral wrongs, the text argues for a structured approach to criminalization that balances state power with individual rights.
What You Will Find
Legal scholars and philosophers frequently cite this work as a rigorous contribution to the ongoing debate surrounding criminalization theory. The text is noted for its high level of academic density and its systematic approach to complex ethical questions in law.
Page Count:
368
Publication Date:
2019-03-14
Publisher:
Oxford University Press
ISBN-10:
0198841590
ISBN-13:
9780198841593
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