Who is the Theorist? - Principles Essay Flashcards
Who is the theorist for the principle of harm?
John Stuart Mill
What did John Stuart Mill create?
The harm principle
What did John Stuart Mill say?
A person should be free to do as they wish
The law should only intervene if their actions cause harm to others
Who are the two theorists for the principle of fair labelling?
Ashworth
Husak
What did Ashworth say?
Fair labelling is necessary to avoid injustice
Labelling should not be excessive to avoid unnecessary stigma
What did Husak say?
The label of the law should reflect the seriousness and nature of the crime
Who is the theorist for the principle of correspondence?
Moore
What did Moore say?
There must be a link between the AR and MR in the law in order to establish fault
Who is the theorist for maximum certainty?
Hart
What did Hart say?
Maximum certainty is essential to make the law accessible and understandable
Who is the theorist for no retrospective liability?
Kant
What did Kant say?
A person should not be held liable for an action they committed which was legal at the time
