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Question 1

glanville Williams - the formal definition of crime

Answer 1

• A crime is an act capable of following criminal proceedings having a criminal outcome, and a proceeding or its outcome is criminal if it has certain characteristics which mark it as criminal
• has been criticised of being circular (Farmer)
• but valid point as criminal proceeding has unique characteristics e.g proof beyond reasonable doubt, punihsment by the state , in public interest

Question 2

James Fitzjames stephen

Answer 2

‘criminal law itself is a system of compulsion.. it is a collection of threats of injury to liberty and property if people do crime’

Question 3

William Blackstone

Answer 3

‘the law holds it better that ten guilty people escape, than that one innocent party suffers’ (Blackstones ratio)

Question 4

John Stuart Mill - (the harm principle)

Answer 4

the only purpose in which harm can be exercised against any member of a civil community, is to prevent harm to others

• ‘“His own good, either physical or moral is not a sufficient warrant”

Question 5

John Feinberg - proponent of harm principle - recognizes the limits of harm principle

Answer 5

The harm principle may be taken to invite state interference without limit, for virtually every kind of human conduct can affect the interest of others for better or worse on some degree”
- basic autonomy is the right to decide how you live your life (lifestyle autonomy)
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Question 6

Jeremy Bentham - critiscm if judge made law

Answer 6

‘dog law’

• They wont tell a man beforehand what it is he should not do - they wont so much as allow of his being told; they lie by till he has done something which they should not have done, and then they hang him for it”
• judges realised this aspect thats why they started to overrule old cases and distinguish them when making laws