Summary
Summary Harm Principle
- Module
- Theory of Criminal Law
- Institution
- AQA
This content contains a summary of Harm Principle, which can came up on Q9 [15 marks]. It is a summary and includes everthing relating to harm.
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The starting point for criminalising conduct is that everyonehas the right to be free from harm.
This is illustrated by creating offences such as murder, which
cause harm to the individual.
Property offences such as theft are less harmful to the victim
but still disruptive.
Harm can also be caused to the wider community which may
include harm to public security such as terrorism as well as
less serious public order offences such as rioting.
Strict liability offences deal with the risk of harm to the public
through issues such as pollution and selling products to under
age children.
H.L.A Hart in his book, law, “liberty and morality” has suggested
that stopping somebody from harming themselves can also be
a justification for criminalising conduct.
This approach is referred to as paternalism. Some people
believe that if conduct harms only ourselves, there is a moral
duty to protect us against ourselves by legislating against it.
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