rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Criminalising Harmful Conduct
    sub title: The Harm Principle, its Limits and Continental Counterparts
  name:
    name part: Peršak, Nina.
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: xxu
    date issued: 2007
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: XV, 153 p. online resource.
  abstract: 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: Criminalisation -- Grounds for (Principles of) Criminalisation -- Harm Principle – A Comparative Analysis -- Continental Counterparts to the Anglo-American Concept of the Harm Principle -- Conclusion – Final Evaluation -- Some Criminological Afterthoughts.
  note: by Nina Peršak.
  subject:
    topic: Social sciences
  subject:
    topic: Law
    topic: Philosophy
  subject:
    topic: Law
  subject:
    topic: Criminal law
  subject:
    topic: Criminology
  subject:
    topic: Social Sciences
  subject:
    topic: Criminology & Criminal Justice
  subject:
    topic: Criminal Law
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  classification: HV6001-7220.5
  classification: 364
  related item:
    title info:
      title: Springer eBooks
  identifier: 9780387464046
  identifier: http://dx.doi.org/10.1007/0-387-46404-2
  record info:
    record creation date: 100301
    record change date: 20151204170041.0
    record identifier: 978-0-387-46404-6