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.
Disciplines
Criminal Law | Criminal Procedure | Jurisprudence | Public Law and Legal Theory
Date of this Version
8-17-2011
Recommended Citation
Dempsey, Michelle Madden, "Public Wrongs and the ‘Criminal Law’s Business’: When Victims Won’t Share" (2011). Working Paper Series. 167.
https://digitalcommons.law.villanova.edu/wps/art167
Included in
Criminal Law Commons, Criminal Procedure Commons, Jurisprudence Commons, Public Law and Legal Theory Commons
Comments
This chapter will appear in Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff (eds) CRIME, PUNISHMENT, AND RESPONSIBILITY: THE JURISPRUDENCE OF ANTONY DUFF (Oxford University Press 2011) (forthcoming)