Criminalization : the political morality of the criminal law

In Criminalization, R.A. Duff examines the principles that should guide the process of identifying behaviors that warrant criminal sanctions. He discusses the criteria for criminalization, including the harm principle, which justifies criminalizing actions that cause harm to others, and the public wrong principle, which focuses on conduct that violates communal norms and values. Duff also emphasizes the importance of respecting individual autonomy and consent, arguing that criminalization should not unduly interfere with personal freedoms unless there is a compelling justification. The essay critically analyzes the moral and legal considerations that inform the scope and limits of the criminal law, highlighting the need for a principled and restrained approach to criminalization.