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  3. Queens University Belfast (QUB)
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  5. Law
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  7. Criminal Law

Lecture notes

Basic Principles of Criminal Law
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These notes provide a summary of the basic principles of criminal law with the help of significant cases and case commentary from academics.

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  • June 29, 2016
  • 18
  • 2015/2016
  • Lecture notes
  • Unknown
  • All classes

Subjects

  • law
  • principles of criminal law

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BASIC PRINCIPLES OF CRIMINAL LAW




Basic Reading:
Herring Chapter One AND Ashworth Chapter Two and Three.

Further Reading:

A . Ashworth, 'The Human Rights Act and the Substantive Criminal Law: A Non-
Minimalist View' [2000] Criminal Law Review 564.
J. Chalmers and F. Leverick, 'Fair Labelling in Criminal Law' (2008) 71 Modern Law Review
217.
P. Devlin, The Enforcement of Morals (OUP, 1965).
G. DWORKIN ,'Devlin Was Right: Law and the Enforcement of Morality' (1999) 40/3 William
and Mary Law Review, 40/3, 927.
R. Dworkin, 'Lord Devlin and the Enforcement of Morals' (1965) 75 Yale LJ 986.
J. Feinberg, The Moral Limits of the Criminal Law: Harm to Others (Oxford University
Press, 1984).
HLA Hart, Law, Liberty and Morality (Oxford University Press, 1963).
J. S. Mill, On Liberty
B. Micthell, 'Multiple Wrongdoing and Offence Structure: A Plea for Consistency and Fair
Labelling' (2001) 64 Modern Law Review 393.




There are a wide number of principles and doctrines that can impact upon the criminal law in
different ways. Such principles can be concerned with:
1. Whether an activity should be covered by criminal law
2. How the criminal law should function; and
3. How and whether we decide to impose liability


These principles and doctrines, which often conflict with each other, should not be treated as
authoritative. While they may sometimes be explicitly referred to in case law or by
Parliament, they are often ignored or departed from without justification. The principles are
most usefully employed as tools to aid evaluation or criticism of the law.

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