Law and Philosophy Library

On Criminalization

An Essay in the Philosophy of Criminal Law

Authors: Schonsheck, J.

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About this book

I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.

Table of contents (7 chapters)

Table of contents (7 chapters)

Buy this book

eBook 160,49 €
price for Spain (gross)
  • ISBN 978-94-015-8100-4
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 207,99 €
price for Spain (gross)
  • ISBN 978-0-7923-2663-2
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions & severe weather in the US may cause delays
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 207,99 €
price for Spain (gross)
  • ISBN 978-90-481-4356-6
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions & severe weather in the US may cause delays
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
On Criminalization
Book Subtitle
An Essay in the Philosophy of Criminal Law
Authors
Series Title
Law and Philosophy Library
Series Volume
19
Copyright
1994
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media B.V.
eBook ISBN
978-94-015-8100-4
DOI
10.1007/978-94-015-8100-4
Hardcover ISBN
978-0-7923-2663-2
Softcover ISBN
978-90-481-4356-6
Series ISSN
1572-4395
Edition Number
1
Number of Pages
XII, 314
Topics