Principles of Criminalisation
| Code | School | Level | Credits | Semesters |
| LAWW4162 | Law | 4 | 15 | Spring UK |
- Code
- LAWW4162
- School
- Law
- Level
- 4
- Credits
- 15
- Semesters
- Spring UK
Summary
The module takes an interdisciplinary approach, combining philosophical, doctrinal, and socio-legal perspectives to examine the question of what behaviour we, as a society, should criminalise, and why. It will first introduce broad rationales for having a criminal legal system, adopting the perspective of a state which generally adheres to principles of liberal democracy. The module will then examine in detail the four most influential theories of criminalisation which address the question ‘is there a good moral reason to criminalise this conduct?’: the harm principle, the offence principle, legal moralism, and paternalism. Additionally, the moral worth of ‘consent’ will be studied. Assuming there is a good moral reason for criminalisation, the module will then consider the additional question ‘should the conduct be criminalised *all things considered*?’, which will require analysis of issues such as practical enforcement of the criminal law.
Target Students
Available to PGT students within the School of Law and exchange students hosted by the School of Law.
Classes
This module is taught in seminar format.
Assessment
- 100% Coursework: 15 pages
Assessed by end of spring semester
Educational Aims
This moduleaims to:1. Introduce students to the various rationales and theories for criminalisation;2. Point out practical difficulties in enforcing criminal laws;3. Give students the tools to critically evaluate doctrinal law in relation to criminalisation principles.Learning Outcomes
a) Knowledge and understanding
By the end of this module students should be able to:
- understand the different reasons for criminalising behaviour and conduct.
- critically analyse principles of criminalisation, and their practical utility.
b) Intellectual skills
By the end of the module students will be able to:
- identify, analyse and critically evaluate policy imperatives underpinning the law.
c) Professional practical skills
By the end of the module students will:
- be able to utilise appropriate resources.
- have skills which would assist in policy-making or drafting of legislation.
d) Transferable (key) skills
By the end of the module students will:
- have the skills to engage in oral and written critique.