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Two Types of Legal Wrongdoing

Newhouse, Marie (2016) Two Types of Legal Wrongdoing Legal Theory, 22 (1). pp. 59-75.

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There are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in three ways that Immanuel Kant’s Universal Principle of Right, properly interpreted, offers a plausible and resilient account of this important distinction. First, Kant’s principle correctly identifies attempted crimes as crimes themselves even when they do not violate the rights of any individual. Second, it justifies our treatment of reckless endangerment as a crime by distinguishing it from ordinary negligence, which traditionally is only civilly wrong. Third, it justifies differences between the way in which we determine criminal punishments and the way in which we measure civil remedies. Moreover, the Universal Principle of Right yields a Kantian standard for criminal wrongdoing that is compelling enough to inform future philosophical inquiries into the nature and limits of the state’s criminal lawmaking authority.

Item Type: Article
Subjects : Law
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
Date : 1 March 2016
DOI : 10.1017/S1352325216000112
Copyright Disclaimer : This accepted article has been published in a revised form in Legal Theory This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © Cambridge University Press 2016
Related URLs :
Depositing User : Symplectic Elements
Date Deposited : 02 Nov 2016 12:08
Last Modified : 16 Jan 2019 17:09

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