Publication details for Professor Thom BrooksBrooks, Thom (2017). Unlocking Morality from Criminal Law. Journal of Moral Philosophy 14(3): 339-352.
- Publication type: Journal Article
- ISSN/ISBN: 1740-4681, 1745-5243
- DOI: 10.1163/17455243-01403001
- Further publication details on publisher web site
- Durham Research Online (DRO) - may include full text
Author(s) from Durham
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.