Criminal Law and Philosophy 8 (1):171-186 (2014)

Jordan Edwards
University of Birmingham
This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is a necessary condition of legitimate criminalisation that φing is what we call bare wrongful —that is, that the reasons in favour of φing are defeated by the reasons against. Though du-Bois Pedain is critical of this view, we argue that her criticisms do not convince
Keywords Criminal law  Criminalisation  Harm principle  Wrongfulness
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DOI 10.1007/s11572-013-9247-4
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References found in this work BETA

The Morality of Freedom.Joseph Raz - 1986 - Oxford University Press.
Harm to Others.Martin P. Golding - 1987 - Philosophical Review 96 (2):295-298.

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