|Appears in Collections:||Law and Philosophy Journal Articles|
|Peer Review Status:||Refereed|
|Title:||Towards a Modest Legal Moralism|
|Authors:||Duff, R A|
processes of criminalization
the public realm
|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.|
|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|
|Duff Legal Moralism 0612.pdf||244.99 kB||Adobe PDF||View/Open|
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