CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, July 18, 2012

Duff on Modest Legal Moralism

R. A. Duff (University of Minnesota Law School) has posted Towards a Modest Legal Moralism (Criminal Law and Philosophy, Vol. 8, 2013) on SSRN. Here is the abstract:

After distinguishing different types of Legal Moralism (positive/negative; modest/ ambitious) I defend a modest, positive Legal Moralism: we have good reason to criminalize a type of conduct if and only if it constitutes a public wrong. Some of the central elements of the argument will be: the need to begin not (as many Legal Moralists begin) with the entire realm of moral wrongdoing, but with conduct falling within the public realm of civic life; the significance of the various different processes of criminalization (of which legislation is only one); and the need to attend to the relationship between criminal law and other modes of legal regulation. Criminal law focuses on wrongs: it identifies a set of public wrongs, and provides for those accused of committing such wrongs to be called to formal public account.

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