View Full Version : Morality in Criminal Law


uniworld
12-15-04, 11:42 AM
I have a question about morality.

Is there a place for morality in criminal law? If so, whose morality should we use?

oscarmitre
12-28-04, 05:34 AM
You need to define your question a bit. The big jurisprudential debate has historically been between natural law theorists and the positivists and underpinning each of those broad approaches are ideas about morality. If you're referring to morality such as legalisation of say prostitution you need to distinguish the concept of "morality" from "deviance" (reference Durkheim on the concept of deviance).