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Extending the Harm Principle:'Remote'Harms and Fair Imputation

In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press (1996)

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  1. A liberal theory of externalities?Carl David Mildenberger - 2018 - Philosophical Studies 175 (9):2105-2123.
    Unlike exploitative exchanges, exchanges featuring externalities have never seemed to pose particular problems to liberal theories of justice. State interference with exchanges featuring externalities seems permissible, like it is for coercive or deceptive exchanges. This is because exchanges featuring negative externalities seem to be clear cases of the two exchanging parties harming a third one via the exchange—and thus of conduct violating the harm principle. This essay aims to put this idea into question. I will argue that exchanges featuring negative (...)
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  • The Unfairness of Risk-Based Possession Offences.Andrew Ashworth - 2011 - Criminal Law and Philosophy 5 (3):237-257.
    This is a study of possession offences, with the focus on those intended to penalise the risk of a serious harm. Offences of this kind are examined in the light of basic doctrines of the criminal law, and in the light of the proper limits of endangerment offences. They are found wanting in both respects, and are also found to pose particular sentencing problems. The conclusion is that many risk-based possession offences are unfair, save those that require proof of a (...)
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  • Direct paternalism: Criminalizing self‐injurious conduct.Andrew Von Hirsch - 2008 - Criminal Justice Ethics 27 (1):25-33.
  • The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles: A Second Contribution Towards a Consistent Theory of ICL. [REVIEW]Kai Ambos - 2015 - Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...)
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