Public Wrongs and Human Rights: An Orderly Approach?

Criminal law is a system for societal ordering, as much as it is for protection against interpersonal harm and wrongs. Whilst such laws can engage rights to privacy and freedoms of expression and movement, international human rights rarely feature in criminal theory. Using Duff’s public wrongs theory, a normative argument is made for recognition of international human rights within the national civil order, as well as through a proposed supra-national human rights polity. This is tested through identification of human rights criminalization principles from public ordering cases in the European Court of Human Rights. International human rights offers a formal route to recognition of liberal principles, as well as adding possible new boundary conditions within criminal theory.