Intellectual Properties Rights: Open Access Title:- The Moral Foundations of Criminal Liability Mouaid Al Qudah Link:- esciencecentral.org/journals/the-moral-foundations-of-criminal-liability-ipr.1000116.pdf Introduction: It is possible to approach the answer to the question ‘what is a crime?’ from a variety of theoretical perspectives. Broadly speaking, differing theoretical perspectives can be divided into two categories: positivist theory and non-positivist theory. Positivist theory merely provides a descriptive answer to the question of ‘what is a crime’, without seeking to provide moral justifications for criminalization and the imposition of criminal liability. In contrast, non-positivist theory seeks to provide moral justifications and explanations by considering ethical principles including individual autonomy, individual rights, and the principle of welfare and the causing of harm.
Posted on: Mon, 18 Aug 2014 10:32:49 +0000
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