Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/21958
Appears in Collections:Law and Philosophy Book Chapters and Sections
Title: Legal Moralism and Public Wrongs
Authors: Duff, R A
Contact Email: r.a.duff@stir.ac.uk
Editors: Ferzan, KK
Morse, SJ
Citation: Duff RA (2016) Legal Moralism and Public Wrongs. In: Ferzan KK, Morse SJ (ed.). Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S Moore, Oxford: Oxford University Press, pp. 95-110.
Keywords: Criminal law
legal moralism
retributivism
public wrongs
professional ethics
Issue Date: Feb-2016
Publisher: Oxford University Press
Abstract: After sketching the main features of Moore’s version of legal moralism, and its connection to the type of retributivism that he espouses, I note its expansiveness, both as to the kinds of wrong and as to the range of agents that we have in principle reason to criminalise. I argue that we should instead ground a more modest legal moralism in the traditional idea of crimes as public wrongs and (in response to Moore’s criticisms of that idea) that we can begin to give it substantial content by beginning with the idea of the public realm that any polity must determine for itself; the way in which codes of professional ethics are developed on the basis of an account of the proper scope of the profession provides a useful illustration of this method.
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
Type: Part of book or chapter of book
URI: http://hdl.handle.net/1893/21958
URL: http://ukcatalogue.oup.com/product/9780198703242.do
Affiliation: Philosophy

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