Melissaris, Emmanuel (2012) Property offences as crimes of injustice. Criminal Law and Philosophy, 6 (2). pp. 149-166. ISSN 1871-9791
Full text not available from this repository.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 |
| Divisions: | Law |
| Subjects: | K Law > KD England and Wales |
| Date Deposited: | 04 Apr 2012 14:25 |
| Last Modified: | 25 Sep 2024 05:06 |
| URI: | http://eprints.lse.ac.uk/id/eprint/43009 |
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