Friday, January 31, 2014
Robert Stevens (Oxford) has posted to SSRN Private Rights and Public Wrongs. The abstract provides:
This paper is in two parts. First, the analytic question of how we distinguish crimes from torts will be addressed. Second a normative claim will be made that Mill’s Harm Principle is both too narrow and too broad in determining what kind of conduct can be criminalised.
The final version will appear in a book of essays edited by Matthew Dyson entitled "Unraveling Tort and Crime"