The Ethical Legitimization of Criminal Law

Krzysztof Szczucki

doi:10.5771/9781666908060

Summary

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.

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Bibliographic data

Edition: 1/2022
Copyright year: 2022
ISBN-Print: 978-1-6669-0805-3
ISBN-Online: 978-1-6669-0806-0
Publisher: Lexington, Lanham
Language: English
Pages: 304
Product type: Book Titles

1. Contents No access
1. Notes No access
1. Legitimization of the Law No access
2. Legitimization of the Law by Reference to Ethics No access
3. Conclusions No access
4. Notes No access
1. A Preliminary Issue No access
2. The Content of the Principle of Human Dignity No access
3. Two Views of Dignity No access
4. The Universal Declaration of Human Rights and the Human Rights Interpretation of Dignity No access
5. Dignity as a Requirement of Subordination of the Law to the Welfare of the Person No access
6. Different Contexts for Interpreting Dignity No access
7. The Interpretation of Las Meninas (The Maids of Honour) No access
8. Human Dignity in the Jurisprudence of Courts No access
9. Conclusions No access
10. Notes No access
1. Preliminary Issues No access
2. The Issue of Free Will: The Tension between Determinism and Indeterminism No access
3. Criminal Responsibility and Neuroscience No access
4. Toward “Neuro-Modesty” No access
5. Summary No access
6. Notes No access
1. The Legitimacy of Referring to a Philosophy No access
2. The Issue of the Foundations of Moral Responsibility No access
3. The Structure of Human Activity No access
4. Summary No access
5. Notes No access
1. Preliminary Remarks No access
2. Responsibility for Omission No access
3. Necessary Defense No access
4. The Concept of Enemy Criminal Law No access
5. Summary No access
6. Notes No access
1. Notes No access
1. Jurisprudence of the Constitutional Tribunal in Republic of Poland No access
2. Jurisprudence of the Supreme Court and Courts of Appeal in Republic of Poland No access
3. Jurisprudence of the European Court of Human Rights No access
4. Jurisprudence of the Court of Justice of the European Union No access
5. U.S. Supreme Court Judgments No access
6. United Kingdom Courts Judgments No access
7. Other Judgments No access
Name Index No access Pages 291 - 296
Subject Index No access Pages 297 - 302
About the Author No access Pages 303 - 304