Narayani Sepaha, Vivekananda Institute of Professional Studies, GGSIPU, New Delhi
Abstract
What are the possibilities of criminal law being a social control tool in today's society? No adequate response to this dilemma can exist until we have looked into the complex links that exist between the concept of morality and criminal statute prohibitions. Roscoe Pound has long argued that customs and public opinion strongly impact the law in action. However, in our haste to condemn the faults of law enforcement authorities, his theory often gets overshadowed. The researcher, through this paper, focuses on the role played by moral thinking in influencing Criminal Law and its agencies. This study is non-doctrinal legal research. It does not intend to be a comprehensive philosophy of criminal law. Instead, it seeks to associate certain moral principles and notions of jurisprudence that can justify the link between morality and criminal law. Further, it emphasizes the need to comprehend the existing links and incorporate them into the Criminal Justice System.
Keywords: Criminal law, Jurisprudence, Law enforcement, Moral thinking.
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