概括
刑事法律 刑事法律 刑事法律
科学领域:
- 法律哲学 法律哲学
- 伦理哲学的道德哲学
- 刑事司法理论 刑事司法理论
背景情况:
- 传统观点认为,刑事法的内在道德与"镜子原则"的道德一致.
- 这个原则表明,法律规范应该直接反映道德规范.
研究的目的:
- 提出对刑事法律内部道德的修订理解.
- 引入和证明"工具原则"作为一个关键组成部分.
主要方法:
- 哲学论证和概念分析.
- 检查法律规范与道德结果之间的关系.
主要成果:
- 刑事法的内部道德要求遵守"工具原则".
- 这一原则指出,法律规范应防止或减少道德错误行为.
- 仪器原理证明了与镜子原则的偏差.
结论:
- 刑事法的内部道德是不对称的.
- 偏离镜子原则可以通过仪器原则来证明是合理的,但反之亦然是不合理的.
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