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Essay on Main Ideas

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Philosophy 2080
James Hildebrand

CRIMINAL LAW AN ESSAY ON MAIN IDEAS The Statute Pursues y The first special thing about a crime is that the state itself takes a personal interest in the apprehension and prosecution of perpetrators y The public naturally take more interest in howthe state spends in tie than how private persons at their own expense seek to find fault for their injuries and to be made whole again GETTING IN HARMS WAY y Crimes cause harm y Old laws people against themselves not other people from them y Called the lawmakers paternalism some persons think that paternalistic laws are un unjustified violation of individual freedom y Long time view of the common law has been that only negligence is possible here y Neglect requires some special relationship HARM IS NOT ENOUGH y Crimes usually do visit important harms upon their victims y Broken promises can do that too and it is no crime to breach a contract y Harm is not the only thing needed for a crime plain harm is not sufficient for criminalization of conduct NO HARM NO CRIME y The absence of harm is sufficient to a nontortso harm is necessary to a tort y Some criminal attempts will cause injuries y General harm of attempt is in the circumstance of real endangerment as it is generated HARMLESS IMMORALITIES y Types of offence such as porn offences should there be criminal laws against harmless immoralities y Explained by the moral disgust which people feel toward the activities existence rather than for any real setbacks they experiencey If an activity is thought by the vast majority to be morally permissible and is completely harmless then there will be and ought to be no criminal law against it
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