The immorality of a given kind of conduct creates a presumption in favour of criminalizing it it 'should be criminally prohibited'.
Some theorists argue that we can also justify the 'inexcusably' limit in instrumental terms (e.g. Braithwaite & Pettit 1990): that the criminal law's goals are not efficiently served by criminalizing faultless or excusable conduct.
Similarly, I am now suggesting, if the law is to address us as responsible citizens, it must address us in terms that appeal to the right kind of reason for refraining from the conduct that it defines as criminal: in terms that appeal, that is, to the reasons which justified criminalizing such conduct in the first place.
We should note too that a positive Legal Moralist as defined here need not be a negative Legal Moralist: one can believe that immorality provides a good reason for criminalization whilst also believing that there are other reasons, including reasons for criminalizing conduct that is not immoral.
Anyway, Andrew Sullivan argued the other day that since abortion has dramatically curtailed the number of adoptions,If the pro-life movement dedicated its every moment not to criminalizing abortion but to expanding adoption opportunities, it would win many more converts.Megan McArdle sensibly responds that this doesn't really make any sense.
Rather than address the socioeconomic roots of unrest, the Joint Task Force launched military attacks on rebel camps and arrested hundreds of suspected militants, while the Senate passed legislation criminalizing organized violence and acts of terrorism.
Attempts to impose draconian measures against homosexuals had generated strong criticism among donor governments and international human rights groups, but Ugandan Christians and many NRM legislators strongly supported criminalizing homosexuality.
In response to the 2012 attack and the widespread public protests it provoked, India's government rushed through legislation doubling prison terms for rapists to 20 years and criminalizing voyeurism, stalking and the trafficking of women.
After Roe, laws criminalizing transportation of information about abortion remained on the books, and, although they have not been enforced, they have been expanded to ban distribution of abortion-related information on the Internet.
He wants the next President to advocate criminalizing all abortions — even in the case of rape victims — and making contraception available only to married couples.
Now, they risk turning into freedom's enemies, criminalizing peaceful means for Ethiopians to exercise their constitutional rights, such as freedom of expression or freedom of association.
