Rights in Criminal Law

Philipp-Alexander Hirsch is 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 Moser is 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 Law1. Theories of Rights and Making Sense of Consent in Criminal Law, Elias Moser (University of Graz, Austria)2. Naked Rights, Matthew Dyson (University of Oxford, UK)Part II: Rights and the Assessment of Criminal Wrongdoing3. The Violation of Individual Rights as a Principle of CriminaliSation, Ivó Coca-Vila (Pompeu Fabra University Barcelona, Spain)4. Interpersonal Abuse and the Right to Freedom from Domination in Criminal Law, Galia Schneebaum (Reichman University, Israel)5. Victims’ Rights and Obligations – Why these Concepts Should be Central to the Assessment of Criminal Wrongdoing, Tatjana Hörnle (Max Planck Institute for the Study of Crime, Security and Law, Germany)6. Rights, Reasons, and Culpability in Tort Law and Criminal Law, Gregory Antill (Columbia Law School, USA)7. Why Victims’ Rights are Irrelevant to Paradigmatic Justifications, Mark Dsouza (University College London, UK)Part III: Individual Rights and Public Sanctions8. Individual Consent and Shared Normative Authority: Conceiving of Crimes as Violations of Individual Rights and Public Wrongs, Philipp-Alexander Hirsch (Max Planck Institute for the Study of Crime, Security and Law, Germany)9. Reconciliation as a Sufficient Response to Crime, Michal Derek (Jagiellonian University, Poland)10. The Role of Rights in Criminal Law and Theories of Punishment, Sören Lichtenthäler (Johannes Gutenberg University Mainz, Germany)11. On the Two Victim’s Rights Underlying the State’s Right to Criminal Sanctions – and their Significance for Criminal Law, Markus Abraham (University of Hamburg, Germany)Part IV: Criminal Law in a Rights-Based Legal Order12. The Place of Criminal Law in a Rights-Based Legal Order, Hamish Stewart (University of Toronto, Canada)13. Rights and Duties and their Relevance in Criminal Law, Joachim Renzikowski (Martin Luther University Halle-Wittenberg, Germany)14. One Right to Rule them All, Malcolm Thorburn (University of Toronto, Canada)Part V: Individual Rights in Criminal Procedure15. The Procedural Rights (and Responsibilities) of the Guilty, Antony Duff (University of Stirling, UK)16. Justice Interests: Victims of Crime and Democratic Citizenship, Robyn L Holder (Griffith University, Australia)17. Rights in Conflict? Exploring the Expansion of Victims’ Rights in the Light of the Presumption of Innocence, Michelle Coleman (Swansea University, UK)