Maximum Certainty

Question 1

Maximum certainty definition

Answer 1

The law should be as certain as possible.
Any person should know which acts are right/wrong and be able to adjust their behaviour accordingly.
Crimes which are not clear breach this principle

Question 2

Theorist 1

Answer 2

Hart

Question 3

Hart

Answer 3

Maximum certainty is essential for keeping the law accessible and understandable

Question 4

Theorist 2

Answer 4

Raz

Question 5

Raz

Answer 5

Laws should be clear to allow for predictable outcomes and reduce injustice

Question 6

Example 1 of maximum certainty not being fulfilled

Answer 6

The term ‘gross’ in gross negligence manslaughter is a bit misleading. Gross in the eyes of the law refers to how bad an offence is that it ought to be a crime.
In lay terms however, the word gross is used to refer to something disgusting.
Therefore, lay people can become confused and believe that the offence is a gross, disgusting, offence.
This means that the law is unclear and doesn’t uphold maximum certainty.

Question 7

Example 2 of maximum certainty not being fulfilled

Answer 7

The term battery in the law can be ‘any touching, however slight.’
In lay terms however, the term battery can be referred to beating (battering) someone, which is more serious that a slight touch.
This means that lay people may have an unclear view of what battery actually is, due to thinking it is a much more serious offence.
This means that the law is unclear and doesn’t uphold maximum certainty, as people will not be certain of the law, therefore cannot fully adjust their behaviour.

Question 8

Maximum certainty is essential for keeping the law accessible and understandable

Answer 8

Hart

Question 9

Laws should be clear to allow for predictable outcomes and reduce injustice

Answer 9

Raz