This paper is in two parts. First, the analytic question of how we distinguish crimes from torts will be addressed. Second a normative claim will be made that Mill’s Harm Principle is both too narrow and too broad in determining what kind of conduct can be criminalised.
Stevens, Robert Hedley, Private Rights and Public Wrongs (January 30, 2014). Matthew Dyson, Unravelling Tort and Crime (CUP, 2014).