The Moral Prerequisites of the Criminal Law by Ambrose Y K Lee

The Moral Prerequisites of the Criminal Law by Ambrose Y K Lee

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Summary

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.

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The Moral Prerequisites of the Criminal Law by Ambrose Y K Lee

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.
SKU Unavailable
ISBN 13 9781009009744
ISBN 10 1009009745
Title The Moral Prerequisites of the Criminal Law
Author Ambrose Y K Lee
Series Elements In Philosophy Of Law
Condition Unavailable
Binding Type Paperback
Publisher Cambridge University Press
Year published 2023-10-19
Number of pages 75
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.