Lecture notes
Lecture notes
- Module
- Criminal Law
- Institution
- SOAS , University Of London (SOAS)
Lecture notes of 2 pages for the course Criminal Law at SOAS
[Show more]
Seller
Follow
Content preview
LLB Criminal Law CourseLecture 2: Theories of criminal law (part 2)
Principles of criminalisation
• Analysis developed by Andrew Ashworth, professor of criminal law
• Individual autonomy (cf children, those lacking capacity)
Primary concern should be individual autonomy, limits to criminal law as it interferes with autonomy
Children lack autonomy, therefore, has to be safeguarding
Therefore, criminal law doesn’t hold children liable
• Welfare: protection of individuals/society for the greater good
Regulation of people’s behaviours due to covid 19
However, principle of autonomy would say limit restrictions as it is up to people
Both principles come to conflict with each other in criminal law
• Minimalism: criminal law should be the least necessary:
- Ineffective laws undermine the law
- Intrusive
Gives power to the state that is intrusive to people
- Bears heaviest on the disadvantaged
Ability to obtain legal representation
Unfair
- Expensive
Therefore, should be least necessary
• Cf over-criminalisation
Parliament doesn’t respect minimalism, therefore, over-criminalisation, unnecessary new criminalisation
of behaviour
e.g. nuclear explosion is criminalised however, this isn’t necessary or common
and if that does occur, it could already be criminalised by falling into other statutes of explosions
• Cf Policy of social defence: legitimate to control any behaviour against good order
of state
• Principle of liability for acts not omissions
• Cf Principle of social responsibility: society needs co-operation between
individuals, so sometimes need to help others
• Principle of non-retroactivity: Act 7 ECHR
It can’t be backwards looking and can only criminalise behaviour after the conduct is criminalised
• Cf Thin ice principle: those behaving dubiously cannot complain if actions later
deemed criminal
That would justify the interpretation of criminal acts that are criminal
• Principle of maximum certainty: criminal law should have utmost clarity (fair
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller tuhfa3. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £13.89. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67866 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now