Virtue, Vice and the Criminal Law - A Response to Huigens and Yankah

In H. H. Lai & A. Amaya (eds.), Law, Virtue and Justice. Oxford: Hart Publishing. pp. 195-214 (2013)
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Abstract

First paragraph: It is worth distinguishing two kinds of role that ideas of virtue and vice might play in the criminal law (or in our theoretical understanding of the criminal law). Each kind admits of a range of variations; each can be more or less ambitious in scope and aim: but although there are of course quite close connections between the two kinds, we can usefully sketch them as two different ways of developing a virtue jurisprudence of criminal law. Both kinds of role are connected to views of the proper aims of a system of criminal law: in the first case, a view of the further goods that criminal law should aim to achieve; in the second case, a view of the proper objects of criminal liability

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R. A. Duff
University of Stirling

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