LAWS 2301 Lecture 4: Lecture 4 Notes copy.doc
Document Summary
There isn"t a statement in the code referencing what to do. But you can look at other goals for the criminal law. Idea that you are trying to make people behave in a way u think it proper, right and moral. (ex - gambling, alcohol laws) goal is to change a persons behaviour, act like a good moral citizen. Wanting people to stop gaging in a certain kind of behaviour. Problem is who"s morality does one use? ex. Protection from harm: justification - we have a concept of self defense and this is just social self-defense. Most important - underlying values approach: referring to important values of society that will be held in criminal law. Two important values: essential values (allow society to exist; peaceful, ordered, property rights, value of life, order, peace, etc. ) and necessary values. If these value are threatened the idea that criminal provides a response or purpose.
