Criminalising Harmful Conduct

The Harm Principle, its Limits and Continental Counterparts

Authors: Persak, Nina

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About this book

What are the limits to criminalisation? Is insult harmful or just offensive? What is wrong with criminalising disrespect to state symbols? Should criminal codes be moral codes? Criminalising Harmful Conduct addresses the issue of legitimate criminalisation in a modern liberal society. It argues that criminalisation, as one of the most intrusive state interventions into the autonomous sphere of the individual, should be limited by normative principles, defining the substance of what can be legitimately proscribed. In part, it is a comparative study between two major criminal legal systems (its theories), the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other. Moreover, the book explores a model structure of the ideal criminalisation in respect of the principles and other criteria that should be followed to render the outcome justifiable. The model‘s central element is the Anglo-American principle called the ‘harm principle’, which is elaborated upon, its main elements (particularly ‘harm’) and functions analysed, and some controversial open questions tackled. Further limits on the harm principle are proposed. An in-depth analysis of four Continental legal concepts, which would on the face of it seem as counterparts to the harm principle, reveals that the overlap is not complete. The concept of ‘legal good’ shows the most potential and is thus examined in more detail. As it might be desirable to adopt the harm principle in the Continent, some practical ideas on how to achieve that are also mentioned.

Table of contents (7 chapters)

Table of contents (7 chapters)
  • Introduction

    Pages 1-4

    Peršak, Dr. Nina

  • Criminalisation

    Pages 5-7

    Peršak, Dr. Nina

  • Grounds for (Principles of) Criminalisation

    Pages 9-33

    Peršak, Dr. Nina

  • Harm Principle – A Comparative Analysis

    Pages 35-94

    Peršak, Dr. Nina

  • Continental Counterparts to the Anglo-American Concept of the Harm Principle

    Pages 95-125

    Peršak, Dr. Nina

Buy this book

eBook $109.00
price for USA in USD (gross)
  • ISBN 978-0-387-46404-6
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.99
price for USA in USD
  • ISBN 978-0-387-46403-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $149.99
price for USA in USD
  • ISBN 978-1-4419-2361-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Criminalising Harmful Conduct
Book Subtitle
The Harm Principle, its Limits and Continental Counterparts
Authors
Copyright
2007
Publisher
Springer-Verlag New York
Copyright Holder
Springer-Verlag New York
eBook ISBN
978-0-387-46404-6
DOI
10.1007/0-387-46404-2
Hardcover ISBN
978-0-387-46403-9
Softcover ISBN
978-1-4419-2361-5
Edition Number
1
Number of Pages
XV, 153
Topics