Thursday, July 14, 2011
Michelle Madden Dempsey (Villanova University School of Law) has posted Public Wrongs and the ‘Criminal Law’s Business’: When Victims Won’t Share (CRIME, PUNISHMENT, AND RESPONSIBILITY: THE JURISPRUDENCE OF ANTONY DUFF, Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff, eds., Oxford University Press, 2011) on SSRN. Here is the abstract:
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.