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Why only the state may inflict criminal sanctions: The case against privately inflicted sanctions: Alon Harel

Alon Harel

Legal Theory 14 (2):113-133 (2008)

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Victimless Conduct and the Volenti Maxim: How Consent Works. [REVIEW]Michelle Madden Dempsey - 2013 - Criminal Law and Philosophy 7 (1):11-27.details This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting person. (...) Download Export citation Bookmark 10 citations
Delegation of Powers and Authority in International Criminal Law.Shlomit Wallerstein - 2015 - Criminal Law and Philosophy 9 (1):123-140.details By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge certain crimes. (...) Download Export citation Bookmark
Privatising war: assessing the decision to hire private military contractors.Isaac Taylor - 2018 - Critical Review of International Social and Political Philosophy 21 (2):148-168.details There has been a huge growth in the size and number of Private Military and Security Companies (PMSCs) in the last decade or so. In this context, the question of when, if ever, states should hire PMSCs to carry out military operations has gained particular urgency. In this paper, I defend the answer that states should do so whenever PMSCs will be the most effective agents available against a number of recent objections. All of these objections claim that considerations aside (...) Download Export citation Bookmark
Criminalizing the State.François Tanguay-Renaud - 2013 - Criminal Law and Philosophy 7 (2):255-284.details In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) Download Export citation Bookmark 2 citations
What’s Really Wrong with Fining Crimes? On the Hard Treatment of Criminal Monetary Fines.Ivó Coca-Vila - 2022 - Criminal Law and Philosophy 16 (2):395-415.details Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment that (...) Download Export citation Bookmark

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