Theory of criminal liability Flashcards
1
Q
What is the basis for criminalising conduct?
A
Harm
2
Q
Who does the idea of harm as the basis for imposing liability come from?
A
John Stuart Mill’s On Liberty
3
Q
What did H.L.A Hart say was another way to justify criminalisation?
A
To stop someone harming themselves.
4
Q
What was H.L.A Hart’s opinion called?
A
Paternalism
5
Q
What is paternalism?
A
The state is justified in protecting individuals from harm
6
Q
What is legal moralism?
A
Criminalising conduct on the basis of its lack of morality -without establishing harm-
7
Q
Who argued for legal moralism?
A
Patrick Devlin
8
Q
What does autonomy mean?
A
legally capable of making one’s own decisions, and therefore legally responsible for their consequences.
