Tuesday, February 4, 2014
Robert Hedley Stevens (Oxford) has just 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 paper is part of a forthcoming book, "Unraveling Tort and Crime."