Rights in Criminal Law: Studies on a New Paradigm in Criminal Law and Procedure [Hardcover]

This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law.

The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure.

The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including:
- Who currently holds and who should hold a right not to be wronged by others?
- Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation?
- Does the idea of criminal law as regulating interpersonal legal relations contradict its public character?

Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Philipp-Alexander Hirschis Leader of the Independent Research Group 'Theory of Criminal Law' at the Max-Planck-Institute for the Study of Crime, Security and the Law in Freiburg, Germany.
Elias Moseris Postdoctoral University Assistant at the Section Political and Moral Philosophy, Karl-Franzens University of Graz, Austria.

Introduction: A New Paradigm?Philipp-Alexander Hirsch (Max Planck Institute for the Study of Crime, Security and Law, Germany) and Elias Moser (University of Graz, Austria)

Part I: Conceptualising Rights in Criminal Law
1. Theories of Rights and Making Sense of Consent in Criminal Law,Elias Moser (University of Graz, AustrlC@