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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 …