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A Modern Treatise on the Principle of Legality in Criminal LawThe Legitimate Sources of the Criminal Norm

A Modern Treatise on the Principle of Legality in Criminal Law: The Legitimate Sources of the... [The first secondary principle of the principle of legality in criminal law concerns the sources of the criminal norm. Identifying the criminal norm is part of recognizing its legitimacy. For example, the Biblical commandment “Thou shalt not kill” is a moral, not a criminal norm because most legal systems do not identify the Bible as a legitimate source for a criminal norm. In most legal systems, the legitimate source of the prohibition against murder is legislation enacted by parliament, whereas the Bible has not been embraced as a source of criminal norm by any legitimate source of law. Another reason for not recognizing this commandment as a criminal norm is that it does not conform to the structure required of criminal norms.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Modern Treatise on the Principle of Legality in Criminal LawThe Legitimate Sources of the Criminal Norm

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Publisher
Springer Berlin Heidelberg
Copyright
© Springer-Verlag Berlin Heidelberg 2010
ISBN
978-3-642-13713-6
Pages
15 –47
DOI
10.1007/978-3-642-13714-3_2
Publisher site
See Chapter on Publisher Site

Abstract

[The first secondary principle of the principle of legality in criminal law concerns the sources of the criminal norm. Identifying the criminal norm is part of recognizing its legitimacy. For example, the Biblical commandment “Thou shalt not kill” is a moral, not a criminal norm because most legal systems do not identify the Bible as a legitimate source for a criminal norm. In most legal systems, the legitimate source of the prohibition against murder is legislation enacted by parliament, whereas the Bible has not been embraced as a source of criminal norm by any legitimate source of law. Another reason for not recognizing this commandment as a criminal norm is that it does not conform to the structure required of criminal norms.]

Published: Aug 13, 2010

Keywords: Legal System; Strict Liability; Judicial Decision; Social Consensus; Criminal Sanction

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