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Crime - Natural law theory | | Crime - Natural law theory: Encyclopedia II - Crime - Natural law theory | | An alternative view of crime is derived from the theory of natural law. In this view, crime is the violation of individual rights. Since rights are considered as natural, rather than man-made, what constitutes a crime is also natural, in contrast to laws, which are man-made. Adam Smith illustrates this view, saying a smuggler would be an excellent citizen, "had not the laws of his country made that a c ...
See also:Crime, Crime - Definition of crime in general, Crime - Trial, Crime - Reasons, Crime - Classification, Crime - Aiding and abetting, Crime - Study, Crime - History, Crime - Natural law theory, Crime - Other uses of the word worldwide | | | Crime, Crime - Aiding and abetting, Crime - Classification, Crime - Definition of crime in general, Crime - History, Crime - Natural law theory, Crime - Other uses of the word worldwide, Crime - Reasons, Crime - Study, Crime - Trial, Actus reus, Case law, Capital punishment, Civil law, Consensual crime, Crime against humanity, Crime index, Crime mapping, Crime rate, Crime statistics, Criminal justice | | |
| | | Crime: Encyclopedia II - Crime - Natural law theory
Crime - Natural law theory
An alternative view of crime is derived from the theory of natural law. In this view, crime is the violation of individual rights. Since rights are considered as natural, rather than man-made, what constitutes a crime is also natural, in contrast to laws, which are man-made. Adam Smith illustrates this view, saying a smuggler would be an excellent citizen, "had not the laws of his country made that a crime which nature never meant to be so."
Natural law theory thus distinguishes between criminality and illegality, the former being derived from human nature, the latter being derived from the interests of those in power. The two concepts are sometimes expressed with the phrases "malum in se" and "malum prohibitum". This view leads to a seeming paradox, that an act can be illegal that is no crime, while a criminal act could be perfectly legal.
Many Enlightenment thinkers such as Adam Smith and the American Founding Fathers subscribed to this view to some extent, and it remains influential among so-called classical liberals and libertarians.
A crime malum in se is argued to be inherently criminal; whereas a crime malum prohibitum is argued to be criminal only because the law has decreed it so.
Other related archives"Carjacking", 1871, 1952, Actus reus, Adam Smith, Arson, Assault, Babylon, Battery, Blackmail, Breaking and entering, Burglary, Cannibalism, Capital punishment, Case law, Child sexual abuse, Civil law, Consensual crime, Conspiracy, Corrections, Counterfeiting, Crime against humanity, Crime index, Crime mapping, Crime rate, Crime statistics, Criminal justice, Criminal law, Criminal record, Criminal threatening, Criminology, Death penalty, Decriminalization, Detective, Deterrence, Domestic violence, Drug possession, Embezzlement, Enlightenment, Espionage, Extortion, Felony, Forgery, Founding Fathers, Fraud, Genocide, Grave robbing, Hate crime, Home invasion, Homicide, Identity theft, Illegal gambling, Inchoate offense, India, Insanity defense, International crime, Justice, Kidnapping, Larceny, Law, Libel, Looting, Mala in se, Mala prohibita, Manslaughter, Mens rea, Motive, Murder, Organised crime, Patrimony, Perjury, Phase Pardhi, Piracy, Police, Postal fraud, Prison, Prohibition, Prostitution, Public order, Punishment, Racial profiling, Racketeering, Rape, Religious, Rights, Robbery, Sexual crime, Slander, Smuggling, Social control, Social policy, Stalking, State, Statutory law, Strict liability crimes, Sumerians, Tax evasion, Theft, Treason, Trespass, Underground economy, Ur, Ur-Nammu, Usury, Vandalism, Victimology, War crime, Weapon possession, Western, White collar crime, administration, age, aggravating circumstances, alcohol, appeal, arrest, breaches of contract, citizen, civil law, classical liberals, code of Hammurabi, commerce, computer, crime science, criminal law, criminologist, criminology, dead, drug, economy, epileptic fits, fact, faith, felonies, felony, homicide, honour, illegality, inchoate offense, indictable offenses, individual rights, industry, infractions, insanity defense, justice, law, left-handedness, libertarians, malum in se, malum prohibitum, misdemeanors, morality, natural law, paradox, persons, possession of drugs, property, psychologists, punishment, sane, security, sexual, smuggler, society, sociology, state, summary offences, tantrums, theocracy, traffic, victim, weapon, western
 Adapted from the Wikipedia article "Natural law theory", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki |
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