David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 7 (2):185-216 (2013)
Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.
Arthur Isak Applbaum (2010). Legitimacy Without the Duty to Obey. Philosophy and Public Affairs 38 (3):215-239.
Vera Bergelson (2013). Vice is Nice But Incest is Best: The Problem of a Moral Taboo. [REVIEW] Criminal Law and Philosophy 7 (1):43-59.
Mitchell N. Berman (2008). Punishment and Justification. Ethics 118 (2):258-290.
Richard B. Brandt (1992). Morality, Utilitarianism, and Rights. Cambridge University Press.
Citations of this work BETA
No citations found.
Similar books and articles
Anthony Serafini (1990). Callahan on Harming the Dead. Journal of Philosophical Research 15:329-339.
Ellen Wright Clayton (1995). Commentary: What Is Really at Stake in Baby K? A Response to Ellen Flannery. Journal of Law, Medicine and Ethics 23 (1):13-14.
Bill Martin (2010). A New Chapter in the Politics of Irony: Cynthia Willett's Irony in the Age of Empire. Journal of Speculative Philosophy 24 (1):78-84.
Rahul Kumar (2003). Who Can Be Wronged? Philosophy and Public Affairs 31 (2):99–118.
Michael D. Bayles (1973). Reparations to Wronged Groups. Analysis 33 (6):182 - 184.
Sander Lee (1992). Repaying the Wronged. Social Philosophy Today 7:245-255.
Robert E. McGinn (1995). The Engineer's Moral Right to Reputational Fairness. Science and Engineering Ethics 1 (3):217-230.
Ellen M. Markman (1989). Categorization and Naming in Children: Problems of Induction. The Mit Press.
Russell Disilvestro (2009). Reproductive Autonomy, the Non-Identity Problem, and the Non-Person Problem. Bioethics 23 (1):59-67.
Ian Rumfitt (1995). Truth Wronged: Crispin Wright's Truth and Objectivity. Ratio 8 (1):100-107.
Ellen Goodman (1995). The Origins of the Western Legal Tradition: From Thales to the Tudors. Federation Press.
Rita Manning (2006). Jo Ellen Jacobs, The Complete Works of Harriet Taylor Mill (Bloomington: Indiana University Press, 1998), Pp. Xxxv + 587 Jo Ellen Jacobs, The Voice of Harriet Taylor Mill (Bloomington: Indiana University Press, 2002), Pp. Xxi + 270. [REVIEW] Utilitas 18 (03):317-.
Adrienne M. Martin (2010). Owning Up and Lowering Down: The Power of Apology. Journal of Philosophy 107 (10):534-553.
Ben Vilhauer (2004). Hard Determinism, Remorse, and Virtue Ethics. Southern Journal of Philosophy 42 (4):547-564.
Added to index2012-08-19
Total downloads21 ( #76,822 of 1,096,439 )
Recent downloads (6 months)3 ( #87,121 of 1,096,439 )
How can I increase my downloads?