Search results
A significant portion of criminal laws is also immoral. Most of us can agree that some acts should always be criminal – e.g., execution murder, forcible rape, or robbery. Universal agreement exists that these acts should be outlawed, and individuals who commit these acts should be punished.
8 lip 2016 · Gerald Dworkin’s overlooked defense of legal moralism attempts to undermine the traditional liberal case for a principled distinction between behavior that is immoral and criminal and behavior that is immoral but not criminal.
For example murder is almost universally considered as an immoral act. However, there are situations for which murder is considered justifiable. A court will find someone innocent of murder if they can prove that they killed in self defense.
4.2.3 Immoral but not illegal. A lot of immoral behaviour is not illegal. For example, cheating on a spouse or partner is not a crime.
22 cze 2023 · Consider, for example, the following arguments in support of the claim that criminal law should not be used against actions that are morally permissible: “moral desert is a necessary condition of blame or punishment: morally innocent individuals (individuals whose actions are justified) do not deserve punishment” Footnote 52; "to inflict ...
19 maj 2016 · The law uncontroversially enforces much morality that concerns preventing harm to people. Moral judgment is needed to determine what count as relevant harms and to decide what are appropriate bases for legal regulation; but whether law should enforce some aspects of morality is genuinely disputed.
7 gru 2020 · In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions or agents is justified; a ...
