Rights in Criminal Law – Exploring the Role of Individual Entitlements in Criminal Law
- Start: Jul 7, 2022
- End: Jul 9, 2022
- Support: State of Styria Department of Science and Max Planck Institute for the Study of Crime, Security and Law
- Location: University of Graz
- Host: University of Graz and Max Planck Institute for the Study of Crime, Security and Law
- Contact: firstname.lastname@example.org
According to the common view in criminal law theory, compliance with legal obligations is owed not to the individuals protected by the law, but to the state. Thus, criminal law theorist rarely conceive of individuals as holders of normative claims against one another, but merely as beneficiaries of restrictions. Contrary to the predominant view, our aim is to explore the argumentative and theoretical space to show that individual rights have a central role in criminal law. We ask questions about the possibility, nature, and normative implications of rights in criminal law:
- Is the violation of rights the reason for criminalizing behavior?
- To whom do subjects of rights owe compliance with criminal law provisions?
In doing so, we touch upon various topics in both legal theory and legal ethics, such as theories of rights, the justification of punishment, criminal-tort-law distinction, restorative justice, victims' rights in procedure, or consent in criminal law.