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@@ -0,0 +1,26 @@ +## Criminal law +(sep-criminal-law) +Punitive view: that the sole function of criminal law is to deliver +justified punishment for crimes. This is generally accepted to some +degree. + +Criminal law's function is responding to crime: calling offenders to +account for criminal activity. Can have value without punishment. No +arbitrary punishment, but rather proof of guilt in a court. + +Community: + + More importantly, one might claim that in the case of paradigmatic + crimes—like robbery, rape, or battery—criminal law responds to + wrongs on behalf of particular individuals—on behalf of those who + have been robbed, raped, or battered. On this view, a positive + case for criminalization need not await the finding that 𝐷 owes + something to the whole community. It is at least sometimes enough + that 𝐷 owes something to those 𝐷 has wronged, which 𝐷 would fail + to provide in the absence of criminal proceedings. + +Preventing wrongdoing: potentially flawed. Reference prohibition. + +## How much law is there +- find source +- anarchist handbook: ? |