Theory in criminal law Flashcards
What idea is the only justifiable basis for imposing criminal liability is harm based on?
J.S Mills on liberty
Harm to others is the only justifiable basis for…
…imposing liability.
What does HLA. Heart believe about harm in criminal law?
-stopping somebody from harming themselves is justification enough for criminalising conduct.
-PATERNALISM
What concept wants to establish harm/ criminalise conduct based on a lack of morality.
legal moralism.
What does Patrick Devlin believe about the harm and morality?
-society’s shared morals hold it together, so we should criminalise for social prevention.
What is meant by autonomy in a legal concept?
-being responsible, independent to speak for onesself without any undue influence.
Who are not responsible for themselves under the concept of autonomy? (and therefore adults who don’t have this should be responsible for themselves).
-adults suffering from debilitating illness, or under oppressive or restricting conditions.
