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How Crimes Should Be Created: A Practical Theory Of Criminalization, Asaf Harduf
How Crimes Should Be Created: A Practical Theory Of Criminalization, Asaf Harduf
Asaf Harduf
How Crimes should be Created: a Practical Theory of Criminalization, Abstract Criminalization is one of the most significant issues in criminal law. It precedes actus reus, mens rea and defenses, all crucial constructs which receive massive academic attention. For criminal law to be just, criminalization must be just. It charts human freedom, determining what people are not allowed to do. It affects justice, equality, legitimacy and monetary resources. It is surprising that criminalization receives such little if not scarce scholarly attention. Can legislators criminalize any sort of conduct, without limitations? The literature of criminalization includes very few theories on the …
How Crimes Should Be Created: A Practical Theory Of Criminalization, Asaf Harduf
How Crimes Should Be Created: A Practical Theory Of Criminalization, Asaf Harduf
Asaf Harduf
Criminalization is one of the most significant issues in criminal law. Actus reus, mens rea, defenses; these issues receive massive academic attention, as well they should, for they are all important and necessary constructs to making criminal law both just and logical. However, criminalization necessarily precedes any of these constructs. We must criminalize before analyzing how offenses are constructed. Prior to phrasing the precise actus reus we must choose what sort of conduct we wish to prevent. Before realizing when defenses are in order, we must decide what offenses we are to establish. Criminalization is critical. What does it matter …