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The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur

Faculty Articles

In this article, we focus on the interaction of Anglo-American criminal law and Protestant theological doctrine. We argue (1) that the sixteenth-century Protestant theological doctrine of the uses of moral law provided a critical analogue, if not antecedent to the classic Anglo-American doctrine of the purposes of criminal law and punishment; and (2) that this theological doctrine provides important signposts to the development of a more integrated moral theory of criminal law and punishment in late twentieth century America.

Part One of this Article sets out the theological doctrine of the "civil," "theological," and "educational" uses of the moral law, …