Question: [For a practice to be subject to the criminal sanction] it is not enough in our
submission that [it] is . . . regarded as immoral. Nor is it enough that it
should cause harm. Both of these are minimal conditions for action by means of the criminal law but the are not sufficient.
Clarkson, CMV and Keating, HM, Criminal Law: Text and Materials,
London: Sweet & Maxwell, 1990, p 25.
Assess the validity of this assertion.
Answer: The above assertion suggests that, the belief that a practice is immoral or harmful should not alone constitute grounds for criminalisation. Rather a degree of rationality that focuses upon the possible advantages and disadvantages of criminalisation combined with a respect for individual autonomy should also guide criminal law....(short extract)
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- Subject: Law
- Course: Criminal Law
- Level: Degree
- Year: 1st
- Mark: 70%
- Words: 1914
- Date submitted: October 31, 2009
- Date written: January, 2009
- References: No
- Document type: Essay*
- Essay ID: 2467
