Legal Philosophy Concerning the Concept of Criminal Law
Liu Yuan
Abstract
Liu Yuan
Abstract
The concept of criminal law is significant but risky.How to form it scientifically is a legal philosophical problem ignored by people.Setting out from the relationship between criminal law and morality and politics,we may find a new way to reconsider it.Any criminal law in a given period is the product of the union of public ethics and political power of that time,only the natures of political power differ,the ways of union also differ.Modern criminal law should have the function to control both public morality and politics.Criminal life is where criminal law's gene of morality exists and where it displays itself.So going back to criminal life is a right way to respect and affirm the morality gene of criminal law.
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The concept of criminal law is significant but risky.How to form it scientifically is a legal philosophical problem ignored by people.Setting out from the relationship between criminal law and morality and politics,we may find a new way to reconsider it.Any criminal law in a given period is the product of the union of public ethics and political power of that time,only the natures of political power differ,the ways of union also differ.Modern criminal law should have the function to control both public morality and politics.Criminal life is where criminal law's gene of morality exists and where it displays itself.So going back to criminal life is a right way to respect and affirm the morality gene of criminal law.
Key concepts: Law, Criminal law, Morality, Political science, Public law, Criminal procedure, Philosophy of law, Politics