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Legal Moralism

Definition

The position, associated with Patrick Devlin, that the state may criminalise conduct simply because a society's shared moral code condemns it, even where no identifiable harm to another person is shown.

Related terms

Harm Principle
The idea, associated with John Stuart Mill, that the only legitimate ground for the state to restrict a person's conduct through law...
Codification
The consolidation of criminal law into a single systematic statute, or code, drafted in advance, as opposed to letting offences accumulate through...
Criminalisation
The formal process by which a legislature converts a previously lawful or merely deviant act into a criminal offence, typically by enacting...
Moral Panic
A period of intense, media-driven public anxiety about a group or behaviour perceived as an exceptional threat to social order. Coined by...
Overcriminalisation
A pattern in which legislatures create so many criminal offences, including minor regulatory ones, that the criminal law's reach outgrows its capacity...
Consensual Crime
An offence built on an exchange between willing participants, such as commercial sex, where the label victimless is most contested.
Decriminalisation
The formal removal of conduct from the category of offence, here applied to the movement away from treating status conduct as court...
Model Penal Code
A model statute drafted by the American Law Institute and published in 1962, never itself binding law, but widely adapted by United...
Moral Regulation
The use of law to enforce a shared standard of conduct or virtue, independent of any measurable harm to a third party.
Public Order Offence
An offence framed around visible conduct in public space, such as begging or soliciting, rather than around harm to a specific person.
Vagrancy Law
Legislation that criminalises being without a fixed residence, visible means of support or, in some versions, the act of begging in public.
Victimless Crime
An offence built around conduct where no identifiable third party is harmed against their will, typically because the participants consent or the...

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