ENGLISH

The Right Not to be Criminalized (Applied Legal Philosophy)

By Dennis J. Baker

Book information

Publisher
Ashgate
Year
2011
ISBN
140942765X, 978-1-4094-2765-0, 978-1-4094-2766-7, 1409427668
LCC
K5018 .B347 2011
Open Library ID
OL25030480M
Language
english
Format
PDF
Filesize
4 MB (4155066 bytes)
Series
Applied legal philosophy
Pages
312\312
Topic
Jurisprudence Law
Orientation
no
Scanned
no
Time added
2012-02-04 16:00:00
Юридические дисциплины;Уголовное право

Description

This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. This book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. This book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. This book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

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