No Offense!: On the Offense Principle and Some New Challenges

Thomas Søbirk Petersen

doi:10.1007/s11572-014-9333-2

No Offense! On the Offense Principle and Some New Challenges

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Abstract

A central aim within criminal justice ethics is to give a plausible justification concerning which type of acts ought to be criminalized by the state. One of the principles of criminalization which has been presented and critically discussed in the philosophical literature is the Offense Principle. The primary aim of this paper is to argue that unless a rather special and implausible objective list theory of well-being is accepted, the Offense Principle should be subsumed in the Harm Principle.

Original language	English
Journal	Criminal Law and Philosophy
Volume	10
Issue number	2
Pages (from-to)	355-365
Number of pages	11
ISSN	1871-9791
DOIs	https://doi.org/10.1007/s11572-014-9333-2
Publication status	Published - 27 Apr 2016

Keywords

Criminalization theory
Feinberg
Harm Principle
Offense Principle
Simester and von Hirsch
Theory of well-being
Theory of wellbeing

Link to document

10.1007/s11572-014-9333-2

Cite this

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title = "No Offense!: On the Offense Principle and Some New Challenges",

abstract = "A central aim within criminal justice ethics is to give a plausible justification concerning which type of acts ought to be criminalized by the state. One of the principles of criminalization which has been presented and critically discussed in the philosophical literature is the Offense Principle. The primary aim of this paper is to argue that unless a rather special and implausible objective list theory of well-being is accepted, the Offense Principle should be subsumed in the Harm Principle.",

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KW - Simester and von Hirsch

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KW - Theory of wellbeing

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