Abstract
this chapter response to Neil MacCormick's discussion on criminal law of Institutions of Law. It focuses on MacCormick's definition of crime as 'behaviour violating the conditions of civil peace. MacCormick introduces his standpoint by stating that there is a convincing argument in John Locke's assumption of the existence of a universal right to punish, and if everyone were in the position of having to defend her or his own rights against all comers, the prospects for civil peace would be slim. In modern writings on the general justification for criminal law it is naturally assumed that the criminal law and sanctions referred to are imposed by states. Criminal law is an institution for distributing instrumental censure within a regulated practice of sentencing. Criminalization is justified if, and only if, the conduct could be said to be blame worthy and represent some relevant form of harm.
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