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Should Law track Morality?

Criminal Justice Ethics 36 (2):205-223 (2017)

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  1. Criminalization of Scientific Misconduct.William Bülow & Gert Helgesson - 2019 - Medicine, Health Care and Philosophy 22 (2):245-252.
    This paper discusses the criminalization of scientific misconduct, as discussed and defended in the bioethics literature. In doing so it argues against the claim that fabrication, falsification and plagiarism (FFP) together identify the most serious forms of misconduct, which hence ought to be criminalized, whereas other forms of misconduct should not. Drawing the line strictly at FFP is problematic both in terms of what is included and what is excluded. It is also argued that the criminalization of scientific misconduct, despite (...)
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  • Continuity in Morality and Law.Re’em Segev - 2021 - Theoretical Inquiries in Law 22 (1):45-85.
    According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...)
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