Private Rights and Public Wrongs
book of essays edited by Matthew Dyson, "Unraveling Tort and Crime", Forthcoming
24 Pages Posted: 1 Feb 2014
Date Written: January 30, 2014
This paper is in two parts. First, the analytic question of how we distinguish crimes from torts will be addressed. Second a normative claim will be made that Mill’s Harm Principle is both too narrow and too broad in determining what kind of conduct can be criminalised.
Keywords: crime, torts, crimes, tort, harm principle, Mill, Hohfeld, rights, utilitarianism, theft, insults, offence, misery, public policy, public law, private law, civil recourse, Zipursky, volenti, virtue, wrongs, freedom, punishment, public policy
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