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.
1
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 MarkC57. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.48. You're not tied to anything after your purchase.
