Criminal law theory

• What is the focus of the video on criminal law?

  Theories of criminal law
• What is the harm principle in criminal law?

  Justifies criminalization based on causing harm
• Who is a key philosopher associated with the harm principle?

  John Stuart Mill
• What does the harm principle suggest about criminalization?

  It should prevent harm to others
• What does John Stuart Mill state about power exercised over individuals?

  It is to prevent harm to others
• How does the harm principle relate to crimes like murder?

  Murder causes significant harm to individuals
• Can the harm principle explain all forms of criminalization?

  No, not all conduct causing harm is criminalized
• What additional factors does Feinberg suggest for justifying criminalization?

  Gravity of harm and magnitude of risk
• What is a subjective harm in the context of criminal law?

  Harm perceived differently by individuals
• How can subjective harms complicate the application of the harm principle?

  Different individuals perceive harm differently
• What example illustrates the complexity of defining harm?

  Insulting religious texts
• What is a potential issue with age limits in criminal law?

  They can seem arbitrary and inconsistent
• How does the law treat selling energy drinks to minors?

  It varies based on age restrictions
• What is the relationship between criminalization and societal norms?

  Criminalization reflects societal views on harm
• What does the term 'criminalization' refer to?

  The process of making conduct criminal
• Why is understanding theoretical principles important in criminal law?

  They provide foundational insights into criminalization
• What are the two main theories of criminal law discussed?

  • Harm principle
  • Legal moralism
• What are the key components of the harm principle?

  • Justification of criminalization
  • Prevention of harm to others
  • Consideration of subjective harms
• What are some examples of crimes that clearly cause harm?

  • Murder
  • Sexual offenses
  • Theft
  • Assault and battery
• What challenges arise when applying the harm principle to various offenses?

  • Difficulty in defining harm
  • Subjective perceptions of harm
  • Variations in punishment for different offenses