Lecture 1

Question 1

What is legal moralism ?

Answer 1

Legal moralism is the theory that acts may be criminalized on the basis of their immortality

Question 2

What is the harm principle (liberalism) ?

Answer 2

The harm principle is the principle that the state is only allowed to restrict the actions of individuals if there is proof of harm to another person

Question 3

What is legal paternalism ?

Answer 3

This is the theory that the state is entitled to criminalize conduct without any proof of harm so long as the conduct harms the perpetrator

Question 4

What are the four theories as to the purpose of sentencing ?

Answer 4

Retribution , deterrent , protection of society and rehabilitation