Exact(25)
9): could we not say that only conduct that wrongfully harms or threatens to harm others is a suitable candidate for criminalization; that the criminal law is properly concerned only with harmful immorality?
Negative Legal Moralists hold instead that immorality constitutes only a necessary condition for criminalization: we must not criminalize conduct unless it is immoral, but its immorality does not give us any positive reason to criminalize it.
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.
If so, we might still be able to preserve some form of negative Legal Moralism, and hold that conduct that is not immoral cannot properly be criminalized; but we would need to look elsewhere for positive reasons for criminalization.
The reason given for criminalization was that the state police insisted they couldn't investigate trafficking without criminalizing prostitution.
The crusade for criminalization was spearheaded by Donna M Hughes, a socially conservative women's studies professor who founded the organization Citizens Against Trafficking specifically to gather support around this legislation.
Similar(35)
Let's set to one side that the Republican Party, including Sen. McConnell, owes an apology to all American women for opposing the Paycheck Fairness Act, for supporting criminalization of reproductive choice, and for having only a token number of women in Congress and fewer still in the Republican leadership.
Only ancient hardliners like former drug czar William Bennett continue to make the case for intense criminalization; virtually no one can muster a good argument for why locking people up for simple possession of drugs is a useful policy.
As reported by Rewire in 2013, the program focuses on "fighting for the criminalization of abortion; against the rights of LGBT people; for so-called religious liberty (which often comes in the form of defending clients who wish to discriminate against gay people based on their religious beliefs); and for organized Christian prayer in government or public school settings".
140 These populations face significant and, in some cases, unique barriers to HIV treatment, for example, criminalization in the case of homosexuality and lack of control over treatment for prisoners.
The UN reached its first convention on drugs in 1961, which set a framework for drug criminalization.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com