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Criminal Law and Philosophy

, Volume 13, Issue 3, pp 393–407 | Cite as

Wrongs, Crimes, and Criminalization

  • Douglas HusakEmail author
Original Paper
  • 302 Downloads

Abstract

I will focus on Tadros’s general views about criminalization and how he contends philosophers should not think about it. Misguided approaches, according to Tadros, include attempts to identify principles that constrain the scope of the criminal law, as well as efforts to establish that given considerations constitute reasons for or against the use of the penal sanction. In what follows, I begin with a few general remarks about the connections between Tadros’s treatment of criminal justice and the real world. Next, I try to salvage the viability of the two approaches to criminalization he rejects. Finally, I turn a skeptical eye to what I take to be the most radical thesis in Wrongs and Crimes: the state should occasionally criminalize conduct that is not wrongful.

Keywords

Victor Tadros Criminalization Constraints Reason 

Copyright information

© Springer Science+Business Media B.V., part of Springer Nature 2018

Authors and Affiliations

  1. 1.Rutgers the State University of New JerseyNew BrunswickUSA

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