The Philosophy of Criminal Law

• Autores: Larry Alexander
• Localización: The Oxford Handbook of Jurisprudence and Philosophy of Law / Jules L. Coleman (ed. lit.), Kenneth Einar Himma (ed. lit.), Scott J. Shapiro (ed. lit.), 2004, ISBN 9780199270972, págs. 815-867
• Idioma: inglés
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• Resumen

  • This article presents the major philosophical issues within criminal law and their relationships to each other. It is concerned with legal punishment as the domain of criminal law. It begins with three theories of punishment namely, retributive, consequentialist, and threat-based. It further addresses the reasons for punishment and divides the answer into two parts. The first part deals with those things that are material to a person's deservingness of punishment. The second part deals with identifying those harms or wrongs that justify punishment of those who cause, attempt, or risk them. The article requires carrying out general normative theory and it must be consistent with the account of the criminal law. The article discusses liberal versus perfectionist theories and leaves several avenues open. Finally, it discusses criminal liability for omissions.