The Ethical Legitimization of Criminal Law
Abstract
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.
Schlagworte
criminal law challenges philosophical anthropology law and philosophy modest moralism neuroscience human dignity- i–vi Preface i–vi
- 1–6 Introduction 1–6
- 113–154 Chapter 3: The Ability to Bear Responsibility in the Context of the Dispute over Free Will 113–154
- 269–272 Conclusion 269–272
- 273–290 Bibliography 273–290
- 291–296 Name Index 291–296
- 297–302 Subject Index 297–302
- 303–304 About the Author 303–304