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Breach of the Peace$
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Pamela R. Ferguson

Print publication date: 2013

Print ISBN-13: 9781845861490

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9781845861490.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

Criminalising Breaches of the Peace

Criminalising Breaches of the Peace

(p.79) Chapter 5 Criminalising Breaches of the Peace
Breach of the Peace

Pamela R Ferguson

Edinburgh University Press

The book sets out to offer a critique of breach of the peace – but on what basis might this be done? Two types of critique may be offered, the first of which considers whether there ought to be an offence of breach of the peace at all. This question is addressed by considering various theories of criminalisation, including those of Joel Feinberg and Douglas Husak. The author explores whether criminalisation of the range of conduct which comes within the definition of this crime can be justified by the ‘harm’ and/or ‘offence’ principles, in particular. It also draws attention to the public/private distinction favoured by liberalism and its implications for breach of the peace.

Keywords:   Critique, Criminalisation, Joel Feinberg, Douglas Husak, Harm principle, Offence principle, Public/private

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