Originality/value of paper – The public-order thesis yokes current legal doctrine to longstanding common law themes and, in so doing, departs from conventional justifications for the enhanced punishment of disaster-related crime. The critical perspective offered here could be extended to criminal penalty enhancements more generally. Moreover, because the rationale for identifying and punishing wrongful conduct is the fundamental question of criminal law, even a modest reassessment has potentially far-reaching implications.
Kuo, S.S. (2012), " “Not only Injurious to Individuals, but Dangerous to the State”: A Theory of Disaster Crime", Deflem, M. (Ed.) Disasters, Hazards and Law (Sociology of Crime, Law and Deviance, Vol. 17), Emerald Group Publishing Limited, Bingley, pp. 19-41. https://doi.org/10.1108/S1521-6136(2012)0000017005
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