The ethical legitimization of criminal law
著者
書誌事項
The ethical legitimization of criminal law
Lexington Books, c2022
- : cloth
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注記
Includes bibliographical references (p. 273-290) and indexes
内容説明・目次
内容説明
When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.
目次
Chapter 1: The Validity and Legitimization of Criminal Law
Chapter 2: Human Dignity as the Fundamental Source of Criteria for Ethical Legitimization in Criminal Law
Chapter 3: The Ability to Bear Responsibility in the Context of the Dispute over Free Will
Chapter 4: Issues of Anthropological-Ethical Analysis of Behavior
Chapter 5: Ethical Legitimization of Selected Criminal Law Structures
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