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Zusatztext 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 Informationen zum Autor Dennis J. Baker (M.Phil., PhD Cantab.) joined the Law School in 2008, leaving the Chinese University of Hong Kong where he had taught Criminal Law and Procedure and Penal Theory on the postgraduate JD programme. He has also taught undergraduate criminal law at the University of Cambridge and Equity and Trusts, Comparative Law and Criminal Law at the University of Western Sydney (Australia). Klappentext 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. Zusammenfassung 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. Inhaltsverzeichnis 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....
