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Property offences as crimes of injustice

Melissaris, Emmanuel (2012) Property offences as crimes of injustice. Criminal Law and Philosophy, 6 (2). pp. 149-166. ISSN 1871-9791

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Abstract

The article provides an outline of the basic principles and conditions of criminalisation of interferences with others' property rights in the context of a specific context: a liberal, social democratic state, the legitimacy of which depends primarily on its impartiality between moral doctrines and the fair distribution of liberties and resources. I begin by giving a brief outline of the conditions of political legitimacy, the place of property and the conditions of criminalisation in such a state. With that framework in place, I argue that interferences with others' property rights should be viewed as violations of political duties stemming from institutions of distribution. I then discuss three implications of this view: the bearing of social injustice on the criminal law treatment of acts of distributive injustice; the expansion of criminalisation over the violation of distribution-related duties, which are considered criminally irrelevant under moral conceptions of criminalisation; and, finally, the normative significance of the modus operandi.

Item Type: Article
Official URL: http://www.springer.com/law/journal/11572
Additional Information: © 2012 Springer
Library of Congress subject classification: K Law > KD England and Wales
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 04 Apr 2012 14:25
URL: http://eprints.lse.ac.uk/43009/

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