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Publication - Dr Jennifer Collins

    Exploitation of persons and the limits of the criminal law

    Citation

    Collins, J, 2017, ‘Exploitation of persons and the limits of the criminal law’. Criminal Law Review, vol [2017]., pp. 167-184

    Abstract

    The concern in this article is to challenge the rhetorical push toward criminalization, which has tended to dominate discussion of the state’s response to exploitation of persons. This article argues that there are overlooked limitations in using the criminal law to respond to exploitation of persons. It first highlights imprecision regarding the relationship between exploitation of persons and principles for criminalization. It is argued that the logically prior question of the role of the state must be addressed, and that one strong normative basis for state action arises from republican political theory. Secondly, it exposes a set of five current challenges concerning the use of the criminal law in England and Wales to penalize exploitation, putting forward suggestions as to how they can be addressed with principled arguments. The argument in this part is that it is only by exposing and confronting these difficulties that clarity in the criminal law can be strengthened.

    Full details in the University publications repository