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An Examination of the Practicability of John Gardner and Antony Duff’s Legal Moralism as a Basis of Criminalisation in Contemporary English Criminal Law

Author:

Thomas Yeon

The University of Hong Kong, HK
About Thomas
PCLL candidate (HKU) '20; LLM (Human Rights Law) (LSE) '19; LLB (hons) (Durham) '18.
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Abstract

This article critically examines the role played by moral values in the scope and structure of criminal offences. In analysing the nature and practicality of legal moralism as a basis of criminalisation, comparisons will be made to notions of responsibility and judgement, and public accounts of criminal law. For focusing on the notions of morality, this essay will not discuss in detail the essences of different accounts of legal moralism and public morality. Based on the account of legal moralism advanced by Antony Duff and John Gardner, this article seeks to offer a revised and more nuanced account of the role played by legal moralism in offering a comprehensive account on a justified scope and structure of criminalisation.
How to Cite: Yeon, T., 2020. An Examination of the Practicability of John Gardner and Antony Duff’s Legal Moralism as a Basis of Criminalisation in Contemporary English Criminal Law. LSE Law Review, 5, p.None.
Published on 30 Mar 2020.
Peer Reviewed

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