Punishing people for breaking the law seems self-evident to most. But why do we punish? Why is the state allowed to inflict harm on others?
This month’s episode of Maastricht Law Talk deals with the theories and philosophies behind criminal law. It features everything from the emergence of criminal law through tribal law, to the development of common modern ideas during the Enlightenment, and the current state of criminal law and criminal procedure as influenced by recent events creating new policing policies.
Jeroen ten Voorde is Associate Professor of Criminal Law and Criminal Procedure at Leiden University and Professor of Philosophy of Criminal Law at the University College Groningen. He is also a judge substitute at the North-Holland court and an advisor to the Dutch Ministry of Justice on honour-related crimes.
Jeroen and I discuss
- what State-Caused Harm is,
- how criminal law came along,
- the influence of the Enlightenment,
- what makes certain behaviour a criminal offence,
- why we punish others,
- the very important principle of legality, and
- different theories of criminal procedure.
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Jeroen ten Voorde