On this view, a constructive case for criminalization needn’t await the discovering that \(D\) owes something to the entire group. It is no less than generally sufficient that \(D\) owes something to these \(D\) has wronged, which \(D\) would fail to supply in the absence of felony proceedings. If legal law does have a selected function, we can ask whether or not that function is distinctive of legal legislation. We can ask, in other words, whether or not it helps distinguish criminal legislation from the remainder of the authorized system. It has been claimed that felony regulation is distinctive in imposing punishment (Moore 1997, 18–30; Husak 2008, 72). One may additionally declare that legal law alone calls defendants to account. But punishments are imposed in civil proceedings—exemplary damages are the plain case.
The Sumerian people from what is now Iraq produced the earliest known example of a written set of … Read More