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1 apr 2023 · According to a popular picture, criminal law lives up to the demands of its internal morality when its norms have counterparts with the same content in morality—when it conforms to what we call the mirror principle.
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.
4 dic 2014 · The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization.
This chapter will take the famous ‘Wolfenden Report’ (1957) as a starting point for reviewing the interaction of criminal law and morality, in the context of the broader relationship between politics, law and morality.
- Aniceto Masferrer
- aniceto.masferrer@uv.es
- 2020
Hart's work on criminal law may be usefully divided into two catego-ries. The first is his analysis of certain basic criminal law concepts such as responsibility and fault.4 The second is his discussion of the proper rela-tionship between criminal law and morality.5 In both categories, Hart
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FOREWORD-THE MORALITY OF THE CRIMINAL LAW: RIGHTS OF THE ACCUSED. DAVID L. BAZELON* I. INTRODUCTION. Recent developments in the criminal law have occurred against a background of mounting public anxiety about violent street crime. Leading politicians have proclaimed crime a priority rivaling even infla-tion and defense.'
the relationship of criminal law to morality. The thesis I have sketched is not, to begin with, a natural law theory—or at least it needn't be. The connection between law and morals asserted here is only a contingent one: the doctrines of our criminal law turn out to be based on particular moral theory about when a being is morally responsible.
