Monday, May 14, 2018
Elias Moser (Institute for Legal Philosophy) has posted The Will Theory of Rights and Criminal Law on SSRN. Here is the abstract:
The will theory of rights has so far been considered to be incapable of capturing individual rights in criminal law. Adherents of the will theory, therefore, defended the claim that criminal law does not assign rights to individuals. In this article I argue first, that criminal law does assign individual rights and second, that the will theory of rights may enhance our understanding of these rights. The two major implications of the account are: a volenti non fit iniuria principle for criminal law, and a theoretical framework for an idea of punishment as restitution.