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Title: 'Remote Harms' and the Two Harm Principles
Author(s): Duff, R A
Marshall, Sandra
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Editor(s): Simester, AP
Neumann, U
du Bois-Pedain, A
Citation: Duff RA & Marshall S (2014) 'Remote Harms' and the Two Harm Principles. In: Simester A, Neumann U & du Bois-Pedain A (eds.) Liberal Criminal Theory: Essays for Andreas von Hirsch. Oxford: Hart, pp. 205-223.
Keywords: Harm Principle
remote harms
Issue Date: 2014
Date Deposited: 8-Jul-2015
Abstract: Legal theorists discuss "the Harm Principle", but usually fail to distinguish two different principles: according to the "Harmful Conduct Principle", we have good reason to criminalise conduct if [and only if] that conduct wrongfully causes or risks causing harm to others; according to the "Harm Prevention Principle", we have good reason to criminalise conduct if [and only if] doing so will efficiently prevent harm to others. we show why it is important to distinguish the two principles, and how they generate two very different routes towards criminalisation.
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