HOW DOES CRIMINAL LAW WORK • Harm principle: Only when someone does harm to
others should s/he be punished. Harm to self should
not be punished
• Offence principle: When something causes offence
but not necessarily harm
• Legal moralism: the view that the law can
legitimately be used to prohibit behaviours that
conflict with society's collective moral judgments
even when those behaviours do not result in
physical or psychological harm to others.
• Legal paternalism is the view that it is permissible
for the state to legislate against what Mill calls "self-
regarding actions" when necessary to prevent
individuals from inflicting physical or severe
emotional harm on themselves.
R v Brown [1994] 1 AC 212
R v Kennedy (No 2) [2007] UKHL 38
DETERRENCE AND PREVENTION? • Deterrent/preventive effect? Hard to measure;
OR…? conflicting views on ‘effectiveness’ of criminal law
as deterrent
• Symbolic function of criminal law
Constructing social values
Upholding prevailing structures and power relations
The strong arm of the state
The stigma of criminal law
‘victims’ and ‘perpetrators’
PRINCIPLES OF ENGLISH CRIMINAL Presumption of innocence
LAW Burden of proof
The seriousness of offences
o Grading
o The outcome of a trial: “Guilty” or “not
guilty”
o Sentencing gives flexibility (except where
there are mandatory sentences/fixed
penalties)
Difference between civil and criminal law
o Overlap between civil and criminal law
How do principles and theories relate?
Principle of fair warning
o Should statutes be written in clear
language?
o Would it be useful to have a Criminal Code?
Principle of fair labelling
o How precise do we need to be?
o Differences between ‘ordinary’ and legal
understanding of a term
Individual autonomy and principle of welfare
others should s/he be punished. Harm to self should
not be punished
• Offence principle: When something causes offence
but not necessarily harm
• Legal moralism: the view that the law can
legitimately be used to prohibit behaviours that
conflict with society's collective moral judgments
even when those behaviours do not result in
physical or psychological harm to others.
• Legal paternalism is the view that it is permissible
for the state to legislate against what Mill calls "self-
regarding actions" when necessary to prevent
individuals from inflicting physical or severe
emotional harm on themselves.
R v Brown [1994] 1 AC 212
R v Kennedy (No 2) [2007] UKHL 38
DETERRENCE AND PREVENTION? • Deterrent/preventive effect? Hard to measure;
OR…? conflicting views on ‘effectiveness’ of criminal law
as deterrent
• Symbolic function of criminal law
Constructing social values
Upholding prevailing structures and power relations
The strong arm of the state
The stigma of criminal law
‘victims’ and ‘perpetrators’
PRINCIPLES OF ENGLISH CRIMINAL Presumption of innocence
LAW Burden of proof
The seriousness of offences
o Grading
o The outcome of a trial: “Guilty” or “not
guilty”
o Sentencing gives flexibility (except where
there are mandatory sentences/fixed
penalties)
Difference between civil and criminal law
o Overlap between civil and criminal law
How do principles and theories relate?
Principle of fair warning
o Should statutes be written in clear
language?
o Would it be useful to have a Criminal Code?
Principle of fair labelling
o How precise do we need to be?
o Differences between ‘ordinary’ and legal
understanding of a term
Individual autonomy and principle of welfare
