ISBN:
9783030641634
Language:
English
Pages:
1 Online-Ressource(VI, 367 p. 1 illus.)
Edition:
1st ed. 2020.
Series Statement:
Ius Gentium: Comparative Perspectives on Law and Justice 84
Series Statement:
Springer eBook Collection
Parallel Title:
Erscheint auch als
Parallel Title:
Erscheint auch als
Parallel Title:
Erscheint auch als
Keywords:
Law—Philosophy.
;
Law.
;
International criminal law.
;
Private international law.
;
Conflict of laws.
Abstract:
1. Criminal Law and Morality Revisited: Interdisciplinary Perspectives -- PART I: Criminal Law and Morality: Historical Perspectives -- 2.The Rise of Ethical Reproach in Spanish Late Scholasticism -- 3. Liberties, Rights and Punishments in Modern Natural Law -- 4. Roman Dutch Criminal Law and Calvinism: Calvinist Morality in De criminibus (1644) of Antonius Matthaeus II -- 5. The Secularization of Criminal Law in the Enlightenment: Its Real Scope and Contribution Revisited -- 6. Freedom and no harm principle in ‘On liberty’ by J.S. Mill -- PART II: Criminal Law and Morality: Philosophical and Criminal Law Perspectives -- 7, Fundamentals of Ethics -- 8. Build and restore good human relationships. Overcoming the retributive paradigm as a key issue for the theory of justice -- 9. What is perfectionism? -- 10. From crime to right. The crisis of the title as reason of law -- 11. Paternalism and moral limits of criminal law -- 12. Human Dignity and the Protected Legal Good -- PART III: Criminal Law and Morality: Controversial Issues -- 13.: Crimes and sins: the social role of education and religion -- 14.The Role of Criminal Law in Combatting Pornography -- 15. Justice in the End of Life: Legal Issues around the Decriminalization of Euthanasia.
Abstract:
This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years. The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relation between morality and criminal law needs to be continually revised and updated because human beings cannot be detached from time and historical development, and social changes and new situations require new interpretations. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.
DOI:
10.1007/978-3-030-64163-4
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