‘‘What is a Crime?’: A Theory of the Legislative Response’
Critical Review of International Social and Political Philosophy, Vol. 12, pp. 63-84, 2009
Posted: 21 Dec 2009
Date Written: December 18, 2009
Abstract
Criminal law reform is often taken by theorists to be an abstract, even if normative, exercise in the analysis of doctrinal concepts. Such a picture of criminal law reform does not fit well with the task of the legislator who has to carry out such reform in a political context. How then should the legislator’s task in criminal law reform be understood? Can legal philosophy contribute to understanding that task? These questions are especially important in a political context of value pluralism and multi-culturalism. This article urges that legal philosophy is relevant to criminal law reform seen from a legislative perspective. If a discourse of public reason is to be available in which legislators can conduct criminal law reform, philosophical reflection is needed to frame such a discourse and provide a principled foundation for public reason. The article aims to take some first steps in the direction of such principles.
Keywords: criminal law, law reform, public reason, legislation
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