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The Ethical Legitimization of Criminal Law

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When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.
Krzysztof Szczucki is assistant professor at the Faculty of Law and Administration of the University of Warsaw and president of the Government Legislation Center in Poland.
Chapter 1: The Validity and Legitimization of Criminal Law Chapter 2: Human Dignity as the Fundamental Source of Criteria for Ethical Legitimization in Criminal Law Chapter 3: The Ability to Bear Responsibility in the Context of the Dispute over Free Will Chapter 4: Issues of Anthropological-Ethical Analysis of Behavior Chapter 5: Ethical Legitimization of Selected Criminal Law Structures
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