ABSTRACT
This chapter reviews the place and use of notions of rights in existing criminal theory. It focuses on liberal criminal theory, as developed in particular by Joel Feinberg, Andrew Simester, Andreas von Hirsch, and Tatjana Hörnle. It also considers continental criminal theory in the form of Rechtsguttheorie. The chapter examines the welfare interest rights of Joel Feinberg and identifies challenges with these, including the problem of minimal invasions of interests, difficulties faced where no individual victim clearly has his or her welfare rights violated, and their application in the case of remote harms.
