Criminal Law and Philosophy 8 (1):205-215 (2014)

Abstract
The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept of community and particularly with the proposed conception of community, which seems to mostly exclude the offender. Thirdly, I question the need for (or added value of) such a proposed conceptual involvement of the community as an actor in the criminal law process and theory. Lastly, some potential problems with the idea of the victim as a mere “representative of us” are mentioned, including the possibly undesirable demands and limitations on the victim’s agency and issues of respect for the victim’s individuality
Keywords Criminal law  Community  Victim  Criminalisation  Offender  State  Conflict
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DOI 10.1007/s11572-012-9189-2
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References found in this work BETA

Taking Rights Seriously.Ronald Dworkin (ed.) - 1977 - Duckworth.
Towards a Theory of Criminal Law?R. A. Duff - 2010 - Aristotelian Society Supplementary Volume 84 (1):1-28.
Taking Rights Seriously.Ronald Dworkin - 1979 - Mind 88 (350):305-309.

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