The Paternalistic Principle

Criminal Law and Philosophy 10 (2):315-327 (2016)
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Abstract

In this paper, I critique one aspect of Simester and von Hirsch’s, Crimes, Harms, and Wrongs—their recognition of harm and offence principles, but failure to construct a paternalistic principle, despite their willingness to countenance some small measure of criminal paternalism. Construction of such a principle would have clarified the problems of as well as the limits to criminalising paternalism.

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John Kleinig
CUNY Graduate Center

References found in this work

Thinking, Fast and Slow.Daniel Kahneman - 2011 - New York: New York: Farrar, Straus and Giroux.
The moral point of view.Kurt Baier - 1958 - Ithaca,: Cornell University Press.
Crimes, harms, and wrongs: on the principles of criminalisation.A. P. Simester - 2011 - Portland, Or.: Hart. Edited by Andrew Von Hirsch.
The Moral Limits of the Criminal Law Volume 1: Harm to Others.Joel Feinberg - 1984 - New York, US: Oxford University Press USA.

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