CHAPTER 7 – CRIMINAL LAW 7.1 Introduction The term criminal law‚ sometimes called penal law‚ refers to various rules whose common characteristic is the imposition of punishment if one fails to comply with the rules. In criminal law‚ a crime is considered as a wrong against the State. A crime may be defined as an unlawful act or an omission which is unacceptable that causes public condemnation in a form of sanction. Therefore‚ a crime is a wrong which affects the public welfare‚ a wrong for which
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2013 Moral Law vs. Political Law The theme of Antigone is the struggle between political law and moral law; the difference of following the law because it is the law and following one’s own morals because you feel it is what is right. The characters in Antigone face this struggle when confronted with Creon’s refusal of a burial for Antigone’s brother Polynices. The ancient Greeks believed that without proper burial‚ entrance into the afterlife was forbidden. It is through her own moral standing
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Explain Kant’s moral law theory with particular reference to the categorical imperative [30] By Hannah Parry-Evans “Two things fill the mind with ever new and increasing admiration and awe the oftener and more steadily we reflect on them: the starry heavens above me and the moral law within me.” – Kant (1788)‚ pp‚ 193‚ 259 Immanuel Kant introduced and initiated his ‘moral law theory’ in the late 18th century. The doctrine in question sought to establish and constitute a supreme or absolute principle
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from which the principle of the categorical imperative is derived. This categorical imperative is the supreme moral law‚ and according to Kant‚ it is absolute. For example‚ a maxim like “I must not lie” might be extrapolated into the imperative “Do not lie” according to Kant’s formulation. However‚ the concept of absolute moral law faces a problem in a case in which multiple moral laws run counter to each other. The famous “murderer at the door” problem is an example of this situation. A murderer
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Must we only obey a just law; should we obey a law because it is just to do so; or else can we not obey at all?’ ESSAY The questions that shall be answered in this essay are Must we only obey a just law?’‚ Should we obey a law because it is just to do so?’ and Or else‚ can we not obey at all?’ Before we can answer these questions it is important to establish what is meant by the term just’. Just’ in this case means morally just’‚ I think‚ but differences of opinion exist as to its meaning
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A Case Study of Criminal Law Student’s Name College A Case Study of Criminal Law Criminal laws relate to the rules and regulations for handling criminal acts like social conducts‚ harming‚ threatening‚ or endangering one’s health‚ safety‚ moral and/or people’s welfare. Unlike civil laws which emphasize the dispute resolution and compensation of the victim‚ criminal laws punish the law breakers (Duff‚ 2010). Criminal law is unique and distinctive for handling crimes with potentially grave penalties
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people of Israel that lies at the core. Moral laws are obtained from the Torah‚ moreso within the Nevijim‚ with the most prominent being the Mitzvot since the moral law is the written belief itself. “Thou Shall not kill and Thou shall not steal.” (Exodus 20) are one of the many moral laws that cover all aspects of life ‚ it tells Jews to make ethical choices that would not undermined or harm the dignity of others. From this‚ with the strong belief in the moral law it provides Jewish adherents to gain
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Introduction Criminal law is referred to as that branch of law concerned with crimes committed against the public authority. It is very different from civil law. An example is murder. It is very easy to put murder under civil law because it is a crime committed against another human being but the crime of murder is against the public interests. An example of civil crime is when a person does not honor a contract. Criminal law can be substantial or procedural. Substantial criminal law is concerned
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1 The aims and values of ‘criminal justice’ Let no-one be in any doubt‚ the rules of the game are changing. (Former Prime Minister Tony Blair‚ 5 August 2005). Key issues: • The structure of the criminal justice system • Blurring civil and criminal boundaries: ASBOs and similar • Proving guilt and innocence: burden and standard of proof • Adversarial and inquisitorial approaches • Recent trends in crime and criminal justice • Packer’s ‘due process’ and ‘crime control’ models • The human
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assault with regard to law reform. Sexual assault is the term used for criminal offences involving unwanted sexual contact. This can include unwanted touching or groping‚ indecent acts of other kinds and rape‚ and this can occur from any type of perpetrator‚ someone that the victim has a relationship with or a stranger. There are many problems regarding the issue of sexual assault‚ such as consent‚ and under reporting. In the past decades‚ there has been significant law reform in relation to sexual
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