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| Content Provider | Springer Nature Link |
|---|---|
| Author | Melissaris, Emmanuel |
| Copyright Year | 2012 |
| 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. |
| Starting Page | 149 |
| Ending Page | 166 |
| Page Count | 18 |
| File Format | |
| ISSN | 18719791 |
| Journal | Criminal Law and Philosophy |
| Volume Number | 6 |
| Issue Number | 2 |
| e-ISSN | 18719805 |
| Language | English |
| Publisher | Springer Netherlands |
| Publisher Date | 2012-03-09 |
| Publisher Place | Dordrecht |
| Access Restriction | One Nation One Subscription (ONOS) |
| Subject Keyword | Property offences Social justice and criminal law Liberal legitimacy and criminal law Ethics Criminal Law Theories of Law, Philosophy of Law, Legal History Philosophy of Law Philosophy |
| Content Type | Text |
| Resource Type | Article |
| Subject | Philosophy Law |
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