Towards a Theory of Criminal Law?

Citation

Duff RA (2010) Towards a Theory of Criminal Law?. Aristotelian Society Supplementary Volume, 84 (1), pp. 1-28. https://doi.org/10.1111/j.1467-8349.2010.00183.x

Abstract
After an initial discussion (s. 1) of what a theory of criminal law might amount to, I sketch (s. 2) the proper aims of a liberal, republican criminal law, and discuss (ss. 3-4) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. S. 5 explains why a liberal republic should maintain such a system of criminal law, and s. 6 tackles the issue of criminalization—of how we should determine the proper scope of the criminal law.

Keywords
; Criminal law Philosophy; Legal ethics; Criminal liability

Journal
Aristotelian Society Supplementary Volume: Volume 84, Issue 1