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Criminal law's asymmetry

Abstract:

Criminal law confers powers and grants permissions. In doing so it does not treat all alike. Some state officials (and some of their delegates) are given powers and permissions that are much more extensive than those given to private persons (who are not delegates). As a result, steps taken to achieve criminal justice are often serious crimes if taken by members of the latter group, while being perfectly lawful when taken by members of the former. My question here is what justifies this asymm...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Publisher copy:
10.1080/20403313.2017.1386875

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law Faculty
Publisher:
Routledge Publisher's website
Journal:
Jurisprudence Journal website
Volume:
9
Issue:
2
Pages:
276–299
Publication date:
2017-11-23
Acceptance date:
2017-08-31
DOI:
EISSN:
2040-3321
ISSN:
2040-3313
Pubs id:
pubs:731396
URN:
uri:e0160c30-7d4b-439c-b2b1-f686f767ead8
UUID:
uuid:e0160c30-7d4b-439c-b2b1-f686f767ead8
Local pid:
pubs:731396

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