Harm, Wrong, And The Limits Of Criminalization: A Critical Examination Of A.P. Simester And Andreas Von Hirsch's Conception Of The Harm Principle

Ajay Jatav, National Law University, Delhi ABSTRACT This article examines comprehensive and criticality of the harm principle as reconceived by A.P. Simester and Andreas von Hirsch in their seminal work, Crimes, Harms, and Wrongs: On the Principles of Criminalisation (2011). Moving beyond John Stuart Mill's foundational but under-specified formulation, Simester and von Hirsch erect a normatively sophisticated framework that demands both harmfulness and wrongfulness as cumulative prerequisites...