'Remote Harms' and the Two Harm Principles

Citation

Duff RA & Marshall S (2014) 'Remote Harms' and the Two Harm Principles. In: Simester A, Neumann U & du Bois-Pedain A (eds.) Liberal Criminal Theory: Essays for Andreas von Hirsch. Oxford: Hart, pp. 205-223. http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849465144

Abstract
Legal theorists discuss "the Harm Principle", but usually fail to distinguish two different principles: according to the "Harmful Conduct Principle", we have good reason to criminalise conduct if [and only if] that conduct wrongfully causes or risks causing harm to others; according to the "Harm Prevention Principle", we have good reason to criminalise conduct if [and only if] doing so will efficiently prevent harm to others. we show why it is important to distinguish the two principles, and how they generate two very different routes towards criminalisation.

Keywords
Harm Principle; Mill; criminalisation; remote harms

People

Professor Antony Duff

Emeritus Professor, Philosophy

Professor Sandra Marshall

Emeritus Professor, Philosophy