CrimJur seminar: 'The Criminal Law's Person'

Speaker: Esko Yli-Hemminki (Doctoral Researcher at the University of Helsinki)

Abstract: A Criminal Law’s Person (CLP) is the idea of a responsible individual adopted in criminal law. CLP is formed from the set of properties required from individuals when they are considered responsible. Different uses for responsibility create several ideas of CLP in criminal law simultaneously. There are at least four CLPs. The main idea of liberal criminal law is the responsible subject. It is a rational and autonomous agent who can be responsible for its actions. It requires capacities of autonomy, the capacity to act otherwise, and rationality, the capacity to react to reasons. There is a requirement for a past act. Here the individual is at the centre of the criminal law. Preventive turn has brought the idea of the dangerous individual to the centre of criminal law. Some persons are a risk to security. Those dangerous individuals can’t be trusted and seen as equal. CLP is a scientific object. A sick person is seen as a bodily object, and a healthy individual is a mental agent with intentions. But in reality, the body affects the behaviour always. CLP is also a citizen of the state, a political animal. CLP is an equal member of society and culture with human dignity. The contradicting ideas of CLP are, in part, causing the unjust use of criminal responsibility. We need to understand CLP better to build a more just criminal law.

For those attending remotely, we will circulate a Zoom link in a separate message before the session. Anyone interested in receiving the paper, please email alp22@cam.ac.uk.