Summary
Summary Theft summar y revision
- Module
- Criminal Law
- Institution
- The University Of Birmingham (UBir)
Summary notes for the Theft chapter
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THEFTIs theft bad? Of course
• Harm to V
• V’s financial/ sentimental loss
• Feelings of violation and vulnerability
• ‘A man’s property is something related to him: This relation is not natural, but moral and
founded upon justice.’ [Hume]
• Harm to society
• Social order
• ‘Disordering’ ‘individuals’
• Wrong done by D
• ‘Illegitimate’ means of acquisition
• Sneakiness/ unfairness
It depends:
• A particular kind of taking?
• ‘White collar’ crime
• Of a particular kind of thing?
• Desperation
• ‘Crimes of poverty’ [Cook 1997]
• BUT not inevitable
• Freegans [Thomas 2010]
• Do all benefit from the law equally? [Young and Lea 1993]
• Resilience
• Insurance
Should it be criminal?
Theft of a bicycle which is then sold
- Tort of conversion
- Theft
Why is it criminal?
- Publicness (of wrong and claim)
- Punishment vs Compensation
• Protection of property
• Does the offence map onto the harm?
• Public policy: Why?
• Crime reduction?
• Assigning blame
• Who benefits from this criminalisation? [Cook 1997]
• Security industry
• Political/ media ‘tough on crime’ narratives
What is being protected?
• Property
• Contingent [eg. MacPherson 1978]
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