An Ethical Investigation Of The Duality Illegality Theory In Criminal Law

The school dispute is an important driving force for the development of the discipline.The controversy over the theory of illegality in the field of criminal law has spread to many fields in the discipline of criminal law,and has led to the reflection and questioning of its philosophical foundations.Utilitarian ethics has had an important influence on many disciplines in its creation and development.Therefore,some scholars have proposed that "action utilitarianism" is the philosophical basis of the result of the concept of valuelessness and that "rule of utilitarianism" is the philosophical foundation of the dualistic behavior of the concept of valueless violation of law,and criticizes the utilitarianism of the rule.Because the existing research on the basis of the philosophical basis of illegality has not kept up with the latest research results of ethics and the misuse of related concepts,the existing study of utilitarian ethics on the results of valuelessness concluded in the “rational or not” and “ There are problems in the aspects of individual value and overall value,and "standard orientation of behavior." This basis for finding its own rationality from the early "action utilitarianism" theory inevitably has many shortcomings of the early "action utilitarianism" theory;however,if the latest theoretical results of ethics,"legitimate interpretation "Distinguishment from the decision-making process," "subjective utilitarianism,and objective utilitarianism," etc.,are incorporated into the investigation of illegality theory.At this time,the utilitarian ethic of action can no longer be the philosophical basis of the result-free theory.Not only is the activist activist offender criticizing the rule utilitarianism and the law is unreasonable;moreover,the dualistic ethical theory based on philosophical rule utilitarianism has "classification","generalizability",etc.Features,with considerable advantages.In addition,from the logical connotation of the existing illegality theory,the concept of "dual valueless value" is more appropriate than "dual valueless behavior."...