@article{ref1,
title="Criminal law, the victim and community: The shades of 'we' and the conceptual involvement of community in contemporary criminal law theory",
journal="Criminal law and philosophy",
year="2014",
author="Peršak, Nina",
volume="8",
number="1",
pages="205-215",
abstract="The article addresses the argument, put forward by Lernestedt, that the proprietor of the 'criminal-law conflict' is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept of community and particularly with the proposed conception of community, which seems to mostly exclude the offender. Thirdly, I question the need for (or added value of) such a proposed conceptual involvement of the community as an actor in the criminal law process and theory. Lastly, some potential problems with the idea of the victim as a mere &quot;representative of us&quot; are mentioned, including the possibly undesirable demands and limitations on the victim's agency and issues of respect for the victim's individuality.<p /> <p>Language: en</p>",
language="en",
issn="1871-9791",
doi="10.1007/s11572-012-9189-2",
url="http://dx.doi.org/10.1007/s11572-012-9189-2"
}