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  • The Right Not to be Criminalized: Demarcating Criminal Law's Authority

    The Right Not to be Criminalized by Baker, Dennis J.;

    Demarcating Criminal Law's Authority

    Series: Applied Legal Philosophy;

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      • Publisher's listprice GBP 51.99
      • The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.

        24 838 Ft (23 655 Ft + 5% VAT)
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    24 838 Ft

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    Availability

    Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
    Not in stock at Prospero.

    Why don't you give exact delivery time?

    Delivery time is estimated on our previous experiences. We give estimations only, because we order from outside Hungary, and the delivery time mainly depends on how quickly the publisher supplies the book. Faster or slower deliveries both happen, but we do our best to supply as quickly as possible.

    Product details:

    • Edition number 1
    • Publisher Routledge
    • Date of Publication 26 October 2016

    • ISBN 9781138273726
    • Binding Paperback
    • No. of pages312 pages
    • Size 234x156 mm
    • Weight 453 g
    • Language English
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    Short description:

    This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized.

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    Long description:

    This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.

    Prize: Shortlisted for the SLS Peter Birks Prize for Outstanding Legal Scholarship 2011 'Baker's remedy to the crisis of unjust punishment is to locate a fundamental right not to be criminalized in the U.S. Constitution and its international counterparts. He persuasively argues that the time has come to take this fundamental right seriously. Legislatures that follow Baker's sage advice will produce a more just and enlightened penal code.' Douglas Husak, Rutgers University, USA 'Dennis Baker provides fascinating insight into the justification, if any, for criminalizing conduct that is not in itself harmful. His book is a rich resource for arguments about criminalization of many controversial activities in the world today.' Jeremy Horder, King's College London, UK

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    Table of Contents:

    Contents: Preface; Unprincipled Criminalization; Taking harm seriously as a criminalization constraint; The limits of remote harm and endangerment criminalization; The harm principle vs. Kantian criteria for ensuring fair criminalization; The moral limits of consent as a defense to criminal harm-doing; The morality of criminalizing conventional wrongs; Conclusion; Bibliography; Index.

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