Private Rights and Public Wrongs

book of essays edited by Matthew Dyson, "Unraveling Tort and Crime", Forthcoming

24 Pages Posted: 1 Feb 2014

Date Written: January 30, 2014

Abstract

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.

Keywords: crime, torts, crimes, tort, harm principle, Mill, Hohfeld, rights, utilitarianism, theft, insults, offence, misery, public policy, public law, private law, civil recourse, Zipursky, volenti, virtue, wrongs, freedom, punishment, public policy

Suggested Citation

Stevens, Robert Hedley, Private Rights and Public Wrongs (January 30, 2014). book of essays edited by Matthew Dyson, "Unraveling Tort and Crime", Forthcoming, Available at SSRN: https://ssrn.com/abstract=2388072

Robert Hedley Stevens (Contact Author)

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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