Rights in Criminal Law

Rights in Criminal Law

Studies on a New Paradigm in Criminal Law and Procedure

Moser, Elias; Hirsch, Philipp-Alexander

Bloomsbury Publishing PLC

02/2025

448

Dura

9781509973477

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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, Ivo 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 Hoernle (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, Soeren Lichtenthaeler (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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Criminal law; criminal law theory; criminal law procedure; moral rights; rights-based approach