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Durham Research Online
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Unlocking morality from criminal law.

Brooks, Thom (2017) 'Unlocking morality from criminal law.', Journal of moral philosophy., 14 (3). pp. 339-352.

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.

Item Type:Article
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:https://doi.org/10.1163/17455243-01403001
Date accepted:21 July 2015
Date deposited:29 July 2015
Date of first online publication:22 June 2017
Date first made open access:22 June 2019

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