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Criminal Law and Morality in the Age of Consent: Interdisciplinary Perspectives

Criminal Law and Morality in the Age of Consent: Interdisciplinary Perspectives

Author: Aniceto Masferrer
Publisher: Springer-Verlag
ISBN: 9783030641627
Published In: February 2021
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,994.87

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Contents

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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 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. 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.

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