6533b853fe1ef96bd12ad3c5

RESEARCH PRODUCT

Criminal Law and Morality Revisited: Interdisciplinary Perspectives

Aniceto Masferrer

subject

PoliticsAs isLawmedia_common.quotation_subjectSocial changeCriminal lawMillContext (language use)SociologyRelation (history of concept)Moralitymedia_common

description

The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. This chapter will take the famous ‘Wolfenden Report’ (1957) as a starting point for reviewing the interaction of criminal law and morality, in the context of the broader relationship between politics, law and morality. Moral laws and civil laws have different limits and practical purposes, as is made clear in the writings of Aristotle, Thomas Aquinas and Spanish scholastics such as Francisco de Vitoria, Domingo de Soto and Francisco Suarez. Modern philosophers such as Descartes, Hobbes, Rousseau, Kant, and Mill also raise important issues concerning the relation between law and morality. This chapter will draw the line between and explain the inescaple connections between criminal law and morality.

yearjournalcountryeditionlanguage
2020-01-01
https://doi.org/10.1007/978-3-030-64163-4_1