Criminal Law

The Boundaries of Criminalisation: Rethinking Public Goods and Legal Interests in Domestic and Transnational Criminal Law

By Jannemieke Ouwerkerk et al.
New Arrival Brill Nijhoff February 2026

Specifications

ISBN-13
9789004737365
Publisher
Brill Nijhoff
Publication
February 2026
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book challenges how we think about the foundations and boundaries of criminalisation by reimagining the concepts of public goods and legal interests—both nationally and transnationally. Can we identify common public goods and legal interests across borders that warrant protection through criminal law, or are they shaped by diverse national values and principles? To answer this, the book examines how these concepts justify, explain, and constrain the criminalisation of conduct across different legal systems. It blends rigorous academic analysis with practical recommendations to help further shape our ideas on criminalisation and the future of criminal law, making it a must-read for scholars, practitioners, and anyone invested in the future of criminal justice across Europe and beyond.

Table of Contents

Introduction
 Jannemieke Ouwerkerk, Konstantinos Zoumpoulakis, Jeroen ten Voorde and Jacob Öberg

PART 1
1.
Conceptualising (EU) Legal Goods: Harm, Legal Interests and Contemporary Challenges with Implications for EU Criminal Law
 Nina Peršak
2.
The Concept of Legal Interest in EU Criminal Law
 Jannemieke Ouwerkerk
3.
Public Goods and Harm as Justificatory Frameworks for Supranational Criminalisation
 Jacob Öberg
4.
Supranational Public Goods in the Absence of a Supranational Public Good and the Insufficiency of Rechtsgüter
 Stephen Coutts
5.
Redefining Norms: Exploring EU Decriminalization through the Lens of Legal Interests
 Konstantinos Zoumpoulakis
6.
The Doctrine of Legal Interests and German Criminal Law
 Martin Böse
7.
Constitutional Limits to Criminalisation in Portugal
 Miguel João Costa and Susana Aires de Sousa
8.
Protecting Democracy through Criminal Law
 Jeroen ten Voorde

PART 2
9.
Ecocide and Climate Change: Protecting a Global Legal Interest under International Criminal Law?
 Helmut Satzger and Nicolai von Maltitz
10.
What Does Criminal Law See When It Recognises Something as Sexual? On the Legal Interests Involved in Sexual Offences
 Linnea Wegerstad
11.
What’s in a Name? Fair Labelling, Legal Goods, and the Criminalisation of Image-Based Sexual Abuse
 Marthe Goudsmit Samaritter
12.
Drug Offences
 Robin Hofmann
13.
Locating Legal Interests in the Evolving Criminal Law of Money Laundering
 Valsamis Mitsilegas
14.
Legal Interests and Harms behind Hate Speech and Hate Crimes in the Context of EU Criminal Law
 Marloes van Noorloos
15.
Exploring the Added Value of European Union Anti-corruption Law
 Cecily Rose
Index
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