Victims and Significance of Causing Harm

19 Pages Posted: 31 Jul 2011

See all articles by Guyora Binder

Guyora Binder

University at Buffalo Law School

Date Written: 2008

Abstract

Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We punish harm in order to maintain the fairness and integrity of an institution that has undertaken to stand up for the equal status of victims while precluding them from doing this for themselves.

Keywords: criminal law, harm, causation, moral luck, victims

Suggested Citation

Binder, Guyora, Victims and Significance of Causing Harm (2008). Pace Law Review, Vol. 28, p. 713, Summer 2008, Buffalo Legal Studies Research Paper No. 2012 - 008, Available at SSRN: https://ssrn.com/abstract=1898779

Guyora Binder (Contact Author)

University at Buffalo Law School ( email )

528 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-2673 (Phone)
716-645-2640 (Fax)

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