The Moral Prerequisites of the Criminal Law : Legal Moralism and the Problem of Mala Prohibita
Book Details
Format
Hardback or Cased Book
Book Series
Elements in Philosophy of Law
ISBN-10
1009454382
ISBN-13
9781009454384
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Oct 19th, 2023
Print length
88 Pages
Weight
274 grams
Dimensions
23.50 x 16.00 x 1.10 cms
Product Classification:
Jurisprudence & philosophy of lawMethods, theory and philosophy of law
Ksh 10,100.00
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This Element examines the debates about whether criminalizing of morally wrong ideas idea is right and what we would lose if we abandoned the criminal law's connection to morality. Thus, it seeks to shed light on the aims of the criminal law and moral prerequisites for legitimate criminalization.
Modern states criminalise many actions that intuitively do not seem morally wrong, particularly in the context of regulating complex industries or activities. Are mala prohibita offences of this kind fundamentally mistaken? Many criminal law scholars have thought so and argued that conduct must be morally wrong to be legitimately criminalised. This Element examines the longstanding debates about whether this idea is right, and what we would lose if we either abandoned the criminal law's close connection to morality or our use of the very useful tool of mala prohibita crimes. This Element argues that there are a range of promising arguments for reconciling mala prohibita offences with the wrongness constraint on criminalisation. Thus, it seeks to shed light on the aims of the criminal law and the moral prerequisites for legitimate criminalisation.
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