Towards a Theory of Criminal Law?
Article first published online: 25 MAY 2010
© 2010 The Aristotelian Society
Aristotelian Society Supplementary Volume
Volume 84, Issue 1, pages 1–28, June 2010
How to Cite
Duff, R. A. (2010), Towards a Theory of Criminal Law?. Aristotelian Society Supplementary Volume, 84: 1–28. doi: 10.1111/j.1467-8349.2010.00183.x
- Issue published online: 25 MAY 2010
- Article first published online: 25 MAY 2010
After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we should determine the proper scope of the criminal law.