Criminal law theory

Question 1

What factors must be considered when criminalising conduct ?

Answer 1

Harm, fault, morals and autonomy of the individual

Question 2

What is meant by paternalistic in a legal sense ?

Answer 2

The law also seeks to prevent us from bringing harm upon ourselves

Question 3

What does the ‘autonomy of the individual approach’ suggest ?

Answer 3

That individuals should be able to do whatever they want, any limits on autonomy should be when it is necessary to prevent harm being brought on others.