Criminal Law and Philosophy:1-16 (forthcoming)

Abstract
A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally wrongful act or mental state.” Put that way, proxy crimes seem highly problematic, and Larry Alexander and Kimberly Ferzan bluntly put it, “We reject proxy crimes.” This Essay asks whether we should reject proxy crimes by presenting and evaluating Alexander and Ferzan’s treatment of the subject. After describing several different types of crimes that may be characterized as proxy crimes and Alexander and Ferzan’s rejection of most of them and their arguments for doing so, this Essay argues that their rejection of proxy crimes is incomplete, which leaves their theory open to a range of possibilities regarding the proper place of proxy crimes in criminal law. This Essay concludes that getting a handle on the problem of proxy crimes and overcriminalization requires a theory of the state and an articulation of the proper relationship between the state and its citizens that can give guidance on when the state can demand obedience from citizens to support the state and when failures to comply with such demands render one criminally culpable. Without such a theory, proposals to address overcriminalization cannot travel very far.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s11572-021-09575-8
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,172
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

Drug Proscriptions as Proxy Crimes.Douglas Husak - 2017 - Law and Philosophy 36 (4):345-366.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Drug Proscriptions as Proxy Crimes.Douglas Husak - 2017 - Law and Philosophy 36 (4):345-366.
Nowhere to Run? Punishing War Crimes.Michael Clark & Peter Cave - 2010 - Res Publica 16 (2):197-207.
Moral Authority and Proxy Decision-Making.Anthony Wrigley - 2015 - Ethical Theory and Moral Practice 18 (3):631-647.
Proxy Agency in Collective Action.Kirk Ludwig - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), The Routledge Handbook of Collective Intentionality. New York: Routledge. pp. 58-67.
Proxy Consent and Counterfactuals.Yujin Nagasawa - 2008 - Bioethics 22 (1):16–24.
What Are Group Speech Acts?Kirk Ludwig - 2020 - Language & Communication 70:46-58.

Analytics

Added to PP index
2021-05-06

Total views
3 ( #1,362,077 of 2,517,879 )

Recent downloads (6 months)
1 ( #409,482 of 2,517,879 )

How can I increase my downloads?

Downloads

My notes