Many philosophers agree that we have some obligations to future people and future generations. Mainly, these obligations include ensuring them that they could enjoy certain quality of life. But, could we use criminal law justifiably in order to protect the quality of life of future people? In this paper I argue in favour of this statement. However, unlike most common criminal law proposals, I will claim that the justification to use criminal law does not rely neither on the fact that we can harm future people, nor in the fact that we can restrict their freedom, nor in the fact that we can violate their rights. Furthermore, I will argue that if those facts were possible, we would have reasons not to use criminal law in order to protect the quality of life of future generations. I will argue that some kind of impersonal strategy is better to protect the future people’s quality of life and it also will help us to see where the special wrongness in different kinds of criminal behaviours lays.
Santiago Truccone Borgogno is a PhD fellow in CONICET - the National Council of Scientific and Technical Research - Argentine, Seconded Professor of Ethics, Criminal Law and Criminal Policy at National University of Cordoba and Member of the Program in Ethics and Political Theory at Center of Legal and Social Researches, (National University of Cordoba - deepolitica.wordpress.com).
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