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Global Policy Institute

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Publication details for Professor Thom Brooks

Brooks, Thom (2017). Unlocking Morality from Criminal Law. Journal of Moral Philosophy 14(3): 339-352.

Author(s) from Durham

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.