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  • Cited by 4
  • Cited by
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Shoemaker, David 2013. International Encyclopedia of Ethics.


    Cornford, Andrew 2012. Criminalising Anti-Social Behaviour. Criminal Law and Philosophy, Vol. 6, Issue. 1, p. 1.


    Jones, Peter 2011. Religious Belief and Freedom of Expression: Is Offensiveness Really the Issue?. Res Publica, Vol. 17, Issue. 1, p. 75.


    Tadros, Victor 2011. HARM, SOVEREIGNTY, AND PROHIBITION. Legal Theory, Vol. 17, Issue. 01, p. 35.


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RETHINKING THE OFFENSE PRINCIPLE

  • A. P. Simester (a1) and Andrew von Hirsch (a2)
  • DOI: http://dx.doi.org/10.1017/S1352325202083015h
  • Published online: 01 September 2002
Abstract

This paper explores the Offence Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm. The nature of the Harm Principle, and its relationship to the Offense Principle, are also considered. The paper suggests that, even if all cases in which offense should be criminalized also involve harm, nonetheless there may be good reasons to retain a separate Offense Principle.

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Legal Theory
  • ISSN: 1352-3252
  • EISSN: 1469-8048
  • URL: /core/journals/legal-theory
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