El Harm principle y su reflejo en el Derecho penal: una lectura a partir de Joel Feinberg

Abstract

This article discusses the harm principle, the principle of ethical philosophy, typical of Common Law countries, with emphasis on the doctrine of Joel Feinberg, whose work devoted to its application in criminal law. The basis of the study is the work “The Moral Limits of Criminal Law”, consisting of four volumes, in which Feinberg addresses potential undesirable behaviors by society and the legitimacy of the state to prohibit them and punish them by criminal law. Also important critiques are pointed to Feinberg’s doctrine ideas and suggestions to remove the harm concept of mere welfare of the individual. At the end, the study approaches the theory of the legal interest, typical at Roman-Germanic system, to the concept of harm principle in order to demonstrate how a system can complement each other.