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Unlocking Morality from Criminal Law

Brooks, Thom

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Abstract

This review article critically examines R. A. Duff and Stuart P. Green’s wide-ranging Philosophical Foundations of Criminal Law. The book captures well a crucial debate at the heart of its topic: is morality a key for understanding criminal law? I first consider legal moralism arguments answering this question in the affirmative and argue they should be rejected. I next consider alternatives to argue that philosophers of criminal law should look beyond legal moralism for more compelling theories about criminal law.

Journal Article Type Article
Acceptance Date Jul 21, 2015
Online Publication Date Jun 22, 2017
Publication Date Jun 22, 2017
Deposit Date Jul 22, 2015
Publicly Available Date Jun 22, 2019
Journal Journal of Moral Philosophy
Print ISSN 1740-4681
Electronic ISSN 1745-5243
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 14
Issue 3
Pages 339-352
DOI https://doi.org/10.1163/17455243-01403001
Public URL https://durham-repository.worktribe.com/output/1402151

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