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Towards a Theory of Criminal Law?
Authors:R A Duff
Institution:Department of Philosophy, University of Stirling, Stirling KF9 4LA, UK
Abstract:After an initial discussion (§ i ) of what a theory of criminal law might amount to, I sketch (§ ii ) the proper aims of a liberal, republican criminal law, and discuss (§§ iii – iv ) 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. § v explains why a liberal republic should maintain such a system of criminal law, and § vi tackles the issue of criminalization—of how we should determine the proper scope of the criminal law.
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