DANCEST 805 Lecture Notes - Lecture 25: Morality, Procedural Law, Mental Disorder
Document Summary
Crimes as public wrongs: criminal law deals with public wrongs. Crimes are socially prescribed wrongs which are between the people or the state and the defendant. Punishment and censure: crimes can impose public censure and punishment. Criminal punishment infringes on one"s freedom and autonomy and should therefore be a last resort (ultima ratio). Criminal law- between the sword and the shield: criminal law is both a sword to maintain public order and control deviant social behavior, and a shield against disproportionate state measures by respecting basic human rights. The minimalist principle: holds that criminal law should only be an ultima ratio. The principle of individual autonomy: citizens should be free from undue state powers in making their own choices (positive liberty). This limits the creation of laws based on paternalistic grounds. The principle of welfare: certain collective goals and interests which are pivotal to society warrant protection under criminal law so that citizens may fully exercise their autonomy.
