مقاله Was Ellen Wronged? : تی پی بین

خلاصه مقاله

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her.

نویسندگان

Stephen P. Garvey [ Cornell Law School, Ithaca, NY, USA ]

کلمات کلیدی

Authority Criminalization

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مجموعه مقالات Criminal Law and Philosophy 2013

Criminal Law and Philosophy fills a gap in the scholarly literature by providing a platform for articles that take a philosophical perspective on any issue in the broad field of crime and punishment. It gives readers access to the latest thinking by the field’s best scholars. Topics addressed include crime and criminalization; the content, principles, and structure of substantive criminal law; criminal justice and the criminal process; and punishment and sentencing. Contributions from a range of philosophical schools and approaches are encouraged, in particular from both analytically oriented philosophers and from those who draw more from contemporary continental philosophy. The journal also publishes articles with an historical focus on earlier philosophical discussions of crime and punishment as well as articles with a more contemporary focus.

حوزه های تحت پوشش : Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Criminal Law