Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.
The problem of legal moralism in criminal law
Authors
Javier Gallego Saade
Egresado de Derecho, Universidad de Chile
The article provides an overview of the harm principle and its limit in the socalled"legal moralism", in the context of the anglo-american debate on the legitimacy ofthe punitive practice. The article aims to address the more general discussion about theseparation between Law and Morals, which, according to the author, attains a specialsignificance due to the recent chilean Constitutional Court ruling that upheldconstitutionality of article 365 of the chilean Criminal Code, that regulates consensualsodomy.
Keywords:
Legal moralism, harm principle, legal goods, sexual offences, consensual sodomy
Gallego Saade, J. (2011). The problem of legal moralism in criminal law. Revista De Estudios De La Justicia, (14), pp. 153–198. https://doi.org/10.5354/rej.v0i14.28565