Victim and Society: Sharing Wrongs, but in Which Roles? [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 8 (1):187-203 (2014)
This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ sense (and with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial
|Keywords||Victim Complainant Defendant Criminalization Sharing wrongs Community Punishment|
|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
Jeffrie G. Murphy & Jean Hampton (1990). [Book Review] Forgiveness and Mercy. [REVIEW] Ethics 100 (2):413-415.
Joel Feinberg (1984). The Moral Limits of the Criminal Law. Oxford University Press.
Lawrence C. Becker (1974). Criminal Attempt and the Theory of the Law of Crimes. Philosophy and Public Affairs 3 (3):262-294.
Citations of this work BETA
Nina Peršak (2014). Criminal Law, the Victim and Community: The Shades of 'We' and the Conceptual Involvement of Community in Contemporary Criminal Law Theory. [REVIEW] Criminal Law and Philosophy 8 (1):205-215.
Similar books and articles
Matthew Lister (2009). Criminal Law Conversations: "Desert: Empirical, Not Metaphysical" and "Contractualism and the Sharing of Wrongs". In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
Stephen David Ross (2010). Self with Others. International Studies in Philosophy Monograph Series:173-191.
Kasper Lippert-Rasmussen (2015). ‘To Serve and Protect’: The Ends of Harm by Victor Tadros. [REVIEW] Criminal Law and Philosophy 9 (1):49-71.
Anne McLeer (1998). Saving the Victim: Recuperating the Language of the Victim and Reassessing Global Feminism. Hypatia 13 (1):41 - 55.
Margaret P. Gilbert (2005). Shared Values, Social Unity, and Liberty. Public Affairs Quarterly 19 (1):25-49.
David Hilfiker (2001). From the Victim's Point of View. Journal of Medical Humanities 22 (4):255-263.
Mark A. Pitt & Yun Tang (2013). What Should Be the Data Sharing Policy of Cognitive Science? Topics in Cognitive Science 5 (1):214-221.
Richard Sosis (2004). Insights From Ifaluk: Food Sharing Among Cooperative Fishers. Behavioral and Brain Sciences 27 (4):568-569.
Joan E. Sieber (1991). Openness in the Social Sciences: Sharing Data. Ethics and Behavior 1 (2):69 – 86.
P. Langat, D. Pisartchik, D. Silva, C. Bernard, K. Olsen, M. Smith, S. Sahni & R. Upshur (2011). Is There a Duty to Share? Ethics of Sharing Research Data in the Context of Public Health Emergencies. Public Health Ethics 4 (1):4-11.
Tyrone Kirchengast, Recent Developments in Victim Agency in the New South Wales Justice System: The Case of Victim Impact Statements.
Helen Frowe (2008). Threats, Bystanders and Obstructors. Proceedings of the Aristotelian Society 108 (1pt3):365-372.
Michaele L. Ferguson (2013). Sharing Democracy. Oxford University Press.
R. A. Duff (2010). Towards a Theory of Criminal Law? Aristotelian Society Supplementary Volume 84 (1):1-28.
Joe Giffels (2010). Sharing Data is a Shared Responsibility. Science and Engineering Ethics 16 (4):801-803.
Added to index2012-10-06
Total downloads3 ( #657,844 of 1,938,822 )
Recent downloads (6 months)1 ( #458,338 of 1,938,822 )
How can I increase my downloads?