Grading Arson

Criminal Law and Philosophy 3 (1):79-95 (2009)
Abstract
Criminalizing arson is both easy and hard. On the substantive merits, the conduct of damaging property by fire uncontroversially warrants criminal sanction. Indeed, punishment for such conduct is overdetermined, as the conduct threatens multiple harms of concern to the criminal law: both damage to property and injury to people. Yet the same multiplicity of harms or threats that makes it easy to criminalize arson (in the sense of deciding to proscribe the underlying behavior) also makes it hard to criminalize arson (in the sense of formulating the offense(s) that will address that behavior). This article asks whether adopting one or more arson offenses is the best way for criminal law to address the conduct in question, or whether that conduct is more properly conceptualized, criminalized, and punished as multiple distinct offenses
Keywords Arson  Criminal codes  Endangerment  Grading of offenses  Mischief  Property damage  Special part
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,738
External links
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

No references found.

Citations of this work BETA
Kimberly Kessler Ferzan (2009). Arson and the Special Part. Criminal Law and Philosophy 3 (1):97-101.
Similar books and articles
Analytics

Monthly downloads

Added to index

2010-08-10

Total downloads

7 ( #183,708 of 1,098,796 )

Recent downloads (6 months)

5 ( #57,571 of 1,098,796 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.