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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Whether our inquiry into crime is analytical or normative... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    Whether our inquiry into crime is analytical or normative, we must focus on the notion of wrongdoing.

    Justice & Punishment
    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.The criminal law portrays crime not merely as conduct which has been prohibited, but as a species of wrongdoing.
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    • 2.The simple positivist-consequentialist view of criminal law is inadequate.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.Legal positivists like Hart argue that the validity of law is entirely separate from its moral content or wrongdoing.
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    • 2.Criminal law can be fully analyzed as a system of state-enforced prohibitions without appealing to moral wrongdoing.
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    • 3.Conflating legal analysis with moral evaluation commits a category error that undermines jurisprudential clarity.
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    Reason against 2 of 2
    ?
    • 1.Many criminal statutes prohibit 'mala prohibita' acts that are not intrinsically wrong but wrong only because prohibited.
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    • 2.If wrongdoing is not necessary for criminalization, it cannot be the conceptual center of criminal law analysis.
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    Justice & Punishment

    Related

    Conflating legal analysis with moral evaluation commits a category error that un...Criminal law can be fully analyzed as a system of state-enforced prohibitions wi...If wrongdoing is not necessary for criminalization, it cannot be the conceptual ...Legal positivists like Hart argue that the validity of law is entirely separate ...
    +3 moreShow less
    Many criminal statutes prohibit 'mala prohibita' acts that are not intrinsically...The criminal law portrays crime not merely as conduct which has been prohibited,...The simple positivist-consequentialist view of criminal law is inadequate.

    Similar

    The criminal law portrays crime not merely as conduct which has been p...77%To define something as a 'crime' implies that some kind of public, con...76%Harmful conduct and wrongdoing are distinguishable concepts75%We should not seek to eliminate the concept of crime from our social v...74%

    Source

    AI-extracted
    SEP: legal-punishment
    View source passageHide passage
    On a simple positivist view of law, crimes are kinds of conduct that are prohibited, on pain of threatened sanctions, by the law; and for positivists such as Bentham, who combine positivism with a normative consequentialism, the questions of whether we should maintain a criminal law at all, and of what kinds of conduct should be criminalised, are to be answered by trying to determine whether and when this method of controlling human conduct is likely to produce a net increase in good. Such a perspective seems inadequate, however: inadequate both to the claims of the criminal law, which present...

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit