Rights in Criminal Law: Studies on a New Paradigm in Criminal Law and Procedure

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Rights in Criminal Law: Studies on a New Paradigm in Criminal Law and Procedure

Edited by Philipp-Alexander Hirsch · Elias Moser
Hart Publishing February 2025

Specifications

ISBN-13
9781509973477
Publisher
Hart Publishing
Publication
February 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The book presents a comprehensive treatment of the role of rights in criminal law, ranging from conceptual analysis to questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. While it is often the case that legal philosophy and doctrinal research in law take place largely in isolated discourses, this book brings them together.

The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including:

  • Who currently holds and who should hold a right not to be wronged by others?
  • Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation?
  • Does the idea of interpersonal legal relations contradict the public character of criminal law?

The book provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial.

In this way, it sheds new light on the theory of criminal law in the broader sense and makes a lasting contribution to the philosophy of law in general.

Table of Contents

A New Paradigm? Philipp-Alexander Hirsch (Max Planck Institute for the Study of Crime, Security and Law, Germany) and Elias Moser (University of Graz, Austria)

Part I: Conceptualising Rights in Criminal Law
1. Theories of Rights and Making Sense of Consent in Criminal Law, Elias Moser (University of Graz, Austria)
2. Naked Rights, Matthew Dyson (University of Oxford, UK)

Part II: Rights and the Assessment of Criminal Wrongdoing
3. The Violation of Individual Rights as a Principle of CriminaliSation, Ivó Coca-Vila (Pompeu Fabra University Barcelona, Spain)
4. Interpersonal Abuse and the Right to Freedom from Domination in Criminal Law, Galia Schneebaum (Interdisciplinary Center Herzliya, Israel)
5. Victims' Rights and Obligations – Why these Concepts Should be Central to the Assessment of Criminal Wrongdoing, Tatjana Hörnle (Max Planck Institute for the Study of Crime, Security and Law, Germany)
6. Rights, Reasons, and Culpability in Tort Law and Criminal Law, Gregory Antill (Yale Law School, USA)
7. Why Victims' Rights are Irrelevant to Paradigmatic Justifications, Mark Dsouza (University College London, UK)

Part III: Individual Rights and Public Sanctions
8. Individual Consent and Shared Normative Authority: Conceiving of Crimes as Violations of Individual Rights and Public Wrongs, Philipp-Alexander Hirsch (Max Planck Institute for the Study of Crime, Security and Law, Germany)
9. Reconciliation as a Sufficient Response to Crime, Michal Derek (Jagiellonian University of Cracow, Poland)
10. The Role of Rights in Criminal Law and Theories of Punishment, Sören Lichtenthäler (Johannes Gutenberg University Mainz, Germany)
11. On the Two Victim's Rights Underlying the State's Right to Criminal Sanctions – and their Significance for Criminal Law, Markus Abraham (University of Hamburg, Germany)

Part IV: Criminal Law in a Rights-Based Legal Order
12. The Place of Criminal Law in a Rights-Based Legal Order, Hamish Stewart (University of Toronto, Canada)
13. Rights and Duties – and their Relevance in Criminal Law, Joachim Renzikowski (Martin Luther University Halle-Wittenberg, Germany)
14. One Right to Rule them All, Malcolm Thorburn (University of Toronto, Canada)

Part V: Individual Rights in Criminal Procedure
15. The Procedural Rights (and Responsibilities) of the Guilty, Antony Duff (University of Stirling, UK)
16. Justice Interests: Victims of Crime and Democratic Citizenship, Robyn Holder (Griffith University, Australia)
17. Rights in Conflict? Exploring the Expansion of Victims' Rights in the Light of the Presumption of Innocence, Michelle Coleman (University of Swansea, UK)
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