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To explain why such domestic abuse should be criminal, and taken seriously as criminal, we must look not for some 'public' harm or wrong that it involves distinct from the wrongful harm it does to its individual victims, but at that wrongful harm itself.
Furthermore, they seem to misrepresent what it is about crime that makes it deserving of punishment: what makes murder, or rape, or theft, or assault a criminal wrong, deserving of punishment, is surely the wrongful harm that it does to the individual victim not (as on this kind of account) the supposed unfair advantage that the criminal takes over all those who obey the law.
We should criminalize murder, rape and other central mala in se because, apart from the wrongful harm that they do to their individual victims, they wrong 'the public' (the generality of law-abiding citizens) by taking unfair advantage of them.
As we have suggested reparation can require different things depending on the nature of the wrongful harm that it addresses.
Since a right to reparation is always generated by a wrongful harm, such rights are part of corrective justice or to use Rawls's term, "partial compliance theory" (Rawls 1971: 8, 9).
What makes crimes including such crimes as murder and rape wrongful in a way that properly concerns the criminal law is, on such accounts, not the wrongful harm that they do to their immediate individual victims, but their wider effects on social stability or trust.
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People do not have rights to reparation for the wrongful harms others suffer.
Offensive war is an essentially a punitive response to the refusal to redress past wrongful harms.
7. It is beyond the scope of the entry to work out an interpretation of harm that specifies the necessary and sufficient conditions for wrongful harming.
The offensive use of force, by contrast, aims at obtaining some form of satisfaction for wrongful harms that have been already perpetrated (DDB 1.6).
Many would allow the use of force for retributive punishment, but some Barnett (1998), for example—reject retributive punishment and insist that compensation for wrongful harms is the sole justification for the rectificatory use of force.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com