Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Criminal Harms

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter focuses specifically on expressivist theories as the increasingly more popular variant of retributivism in academic circles. It provides an overview of expressivism. The chapter argues that it is not compelling both as a view about the criminal law, but also as a theory about punishment. The author concludes the chapter with ideas about criminal harms. He argues that crimes might be a kind of harm, but not the kinds of harm endorsed by retributivists and, more specifically, expressivists. Punishment is the expression of public hatred for a criminal offence communicated to an offender. The public's moral sentiments give rise public anger: it is their moral aversion to a crime that helps justify its criminalization and punishment. Crimes are harms to morals that deserve punishment where an essential role is played by the expression of public anger to offenders through their punishment.

Keywords: criminal harms; criminal law; expressivism; punishment; retributivism



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Law and Legal Theory — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation