Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/22002
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Towards a Modest Legal Moralism
Authors: Duff, R A
Contact Email: r.a.duff@stir.ac.uk
Keywords: Legal Moralism
processes of criminalization
public wrongs
the public realm
Issue Date: Jan-2014
Publisher: Springer
Citation: Duff RA (2014) Towards a Modest Legal Moralism, Criminal Law and Philosophy, 8 (1), pp. 217-235.
Abstract: After distinguishing different types of Legal Moralism (positive/negative; modest/ ambitious) I defend a modest, positive Legal Moralism: we have good reason to criminalize a type of conduct if and only if it constitutes a public wrong. Some of the central elements of the argument will be: the need to begin not (as many Legal Moralists begin) with the entire realm of moral wrongdoing, but with conduct falling within the public realm of civic life; the significance of the various different processes of criminalization (of which legislation is only one); and the need to attend to the relationship between criminal law and other modes of legal regulation. Criminal law focuses on wrongs: it identifies a set of public wrongs, and provides for those accused of committing such wrongs to be called to formal public account.
Type: Journal Article
URI: http://hdl.handle.net/1893/22002
DOI Link: http://dx.doi.org/10.1007/s11572-012-9191-8
Rights: Publisher policy allows this work to be made available in this repository; The final publication is available at Springer via http://dx.doi.org/10.1007/s11572-012-9191-8
Affiliation: Philosophy

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