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The Moral Prerequisites of the Criminal Law Ambrose Y. K. Lee (University of Surrey)

The Moral Prerequisites of the Criminal Law By Ambrose Y. K. Lee (University of Surrey)

The Moral Prerequisites of the Criminal Law by Ambrose Y. K. Lee (University of Surrey)


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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.

The Moral Prerequisites of the Criminal Law Summary

The Moral Prerequisites of the Criminal Law: Legal Moralism and the Problem of Mala Prohibita by Ambrose Y. K. Lee (University of Surrey)

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.

Table of Contents

1. The problem of mala prohibita; 2. Rejecting the wrongness constraint; 3. Reject mala prohibita?; 4. Mala prohibita really are wrongful; 5. Conclusion; Bibliography.

Additional information

NGR9781009009744
9781009009744
1009009745
The Moral Prerequisites of the Criminal Law: Legal Moralism and the Problem of Mala Prohibita by Ambrose Y. K. Lee (University of Surrey)
New
Paperback
Cambridge University Press
2023-10-19
75
N/A
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