Another look at legal moralism

Ethics 77 (1):50-56 (1966)
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Abstract

The idea that immoral conduct ought to be criminalized is already often rejected, But not for precisely the right reasons. Victim-Less crimes ought to be decriminalized not (as h l a hart and j s mill argue) because it is immoral to make crimes of them, But because it is contrary to the nature of the criminal law itself. Acts of private immorality do not violate the rights of the participants; thus they cannot be crimes because there is no crime where there is no deprivation of rights. (staff)

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Jeffrie Murphy
PhD: University of Rochester; Last affiliation: Arizona State University

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