The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: the immorality of an act of type A is a sufficient reason for the criminalization of A, even if A does not cause someone to be harmed. In what follows, I critically examine some of the key definitions and proposals that have, unfortunately, not always been carefully distinguished. Finally...
There is an ongoing debate in contemporary jurisprudence over whether law, properly conceived, is ca...
Constitutionalism means allegiance to the spirit of the constitution. It aims to put an end to the a...
This lecture offers some thoughts on the perils of unreflective moral enthusiasm, what I call moral ...
The aim of this critical commentary is to distinguish and analytically discuss some important variat...
Many writers defend or attack the position nowadays known as legal moralism. According to the most ...
After distinguishing different types of Legal Moralism (positive/negative; modest/ ambitious) I defe...
Modern states criminalise many actions that intuitively do not seem morally wrong, particularly in t...
After sketching the main features of Moore’s version of legal moralism, and its connection to ...
I shall use this occasion mostly to clarify what the legal moralist theory of criminal legislation p...
If legal moralism posits a normative connection between culpable wrongdoing and punishment, what sho...
This thesis defends a unified theory of morality and law: the one-system view or the normative conti...
The law has long recognized a presumption against criminal strict liability. This Note situates that...
A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinber
Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/43163/1/10982_2005_Article_BF01000525.p...
The aim of this essay is to show that any attempt to define theoretical limits to the proper scope o...
There is an ongoing debate in contemporary jurisprudence over whether law, properly conceived, is ca...
Constitutionalism means allegiance to the spirit of the constitution. It aims to put an end to the a...
This lecture offers some thoughts on the perils of unreflective moral enthusiasm, what I call moral ...
The aim of this critical commentary is to distinguish and analytically discuss some important variat...
Many writers defend or attack the position nowadays known as legal moralism. According to the most ...
After distinguishing different types of Legal Moralism (positive/negative; modest/ ambitious) I defe...
Modern states criminalise many actions that intuitively do not seem morally wrong, particularly in t...
After sketching the main features of Moore’s version of legal moralism, and its connection to ...
I shall use this occasion mostly to clarify what the legal moralist theory of criminal legislation p...
If legal moralism posits a normative connection between culpable wrongdoing and punishment, what sho...
This thesis defends a unified theory of morality and law: the one-system view or the normative conti...
The law has long recognized a presumption against criminal strict liability. This Note situates that...
A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinber
Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/43163/1/10982_2005_Article_BF01000525.p...
The aim of this essay is to show that any attempt to define theoretical limits to the proper scope o...
There is an ongoing debate in contemporary jurisprudence over whether law, properly conceived, is ca...
Constitutionalism means allegiance to the spirit of the constitution. It aims to put an end to the a...
This lecture offers some thoughts on the perils of unreflective moral enthusiasm, what I call moral ...