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Title: The criminalization of lying: Under what circumstances, if any, should lies be made criminal?
Authors: Druzin, BH
Li, J
Keywords: Criminalization;Lying;Feinberg;Harm principle;Overcriminalization;Deception;Tort of deceit;Fraud
Issue Date: 2011
Publisher: Northwestern University School of Law
Citation: The journal of criminal law & criminology, 101(2): 529 - 573, Apr 2011
Abstract: This Article argues that lying should be a crime. In doing so, we propose the creation of a wholly new category of crime, which we term “egregious lying causing serious harm.” The Article has two broad objectives: the first is to make the case why such a crime should even exist, and the second is to flesh out how this crime might be constructed. The main contribution of the Article lies in the radical nature of its stated aim: the outright criminalization of certain kinds of lies. To our knowledge, such a proposal has not previously been made. The analysis also contributes to a broader discussion regarding the issue of overcriminalization. We conclude that while criminalizing certain forms of lies might at first blush appear fanciful, the case for doing so is not only plausible, it is indeed necessary.
Description: This is the post-print version of the Article. The official published version can be accessed from the link - Copyright @ 2011 University of Illinois Press
ISSN: 0091-4169
Appears in Collections:Law
Dept of Politics, History and Law Research Papers

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