Cambridge Law Journal 79 (forthcoming)

Re'em Segev
Hebrew University of Jerusalem
According to influential view, using the criminal law against innocent actions or agents is wrong. In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions ("non mala" actions that are not even "mala prohibita") or agents is justified; a theoretical argument, according to which the force of the reasons for and against using the criminal law is a matter of degree and it is therefore implausible to hold that the latter always defeat the former; and an analogy argument, which holds that it is implausible to maintain that harming innocents is often justified in other contexts but (almost) never in the context of the criminal law.
Keywords moral innocence  wrongdoing  blame  mala in se  mala prohibita  non-mala
Categories (categorize this paper)
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: 71,436
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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Criminalization, Legitimacy, and Welfare.Dan Priel - 2018 - Criminal Law and Philosophy 12 (4):657-676.
The Wrongfulness Constraint in Criminalisation.Antje Bois-Pedain - 2014 - Criminal Law and Philosophy 8 (1):149-169.
The Wrongfulness Constraint in Criminalisation.Antje du Bois-Pedain - 2014 - Criminal Law and Philosophy 8 (1):149-169.
Sanskrit Mālā- 'Wreath'Sanskrit Mala- 'Wreath'.P. Tedesco - 1947 - Journal of the American Oriental Society 67 (2):85.
The Ideal of the Presumption of Innocence.Victor Tadros - 2014 - Criminal Law and Philosophy 8 (2):449-467.
Defending the Realm of Criminal Law.R. A. Duff - 2020 - Criminal Law and Philosophy 14 (3):465-500.
A Theory of Criminal Negligence.Victor Vridar Ramraj - 1998 - Dissertation, University of Toronto (Canada)
The Right to Be Presumed Innocent.Hamish Stewart - 2014 - Criminal Law and Philosophy 8 (2):407-420.
Explaining the Principle of Mala in Se.Morten Dige - 2012 - Journal of Military Ethics 11 (4):318-332.


Added to PP index

Total views
20 ( #560,717 of 2,520,402 )

Recent downloads (6 months)
3 ( #205,255 of 2,520,402 )

How can I increase my downloads?


My notes