Political Philosophy and Realism in Criminal Law Theory

Over the past decade, criminal law theory has witnessed a growing discussion about the right approach to theorising about criminal law and punishment between legal moralists and what has been termed the political or public law turn in criminal law theory. This article aims to bring this discussion to the forefront by reflecting on how we should theorise about criminal law and punishment. It offers an overview of the roots and historical development of the ongoing discussion, as well as the rise of the political turn in criminal law theory. It argues that the turn to political philosophy is underlined by a deeper issue, which is the lack of realism in criminal law theory, and draws on a similar discussion in political theory between political moralism and realism as a way to organise and develop the diverse ideas of the political turn into a coherent methodological framework that can guide research in criminal law theory.