Module description
The course aims to explore some of the principles and doctrines underlying the criminal law. It investigates some of the theoretical (and particularly, ethical) problems that criminal law raises. For example, should criminal liability ever be imposed in the absence of moral responsibility? When can society’s interests in the prevention of harm provide sufficient justification for imposing criminal liability?
The course is designed to increase students’ understanding of many of the principles underlying the criminal law, especially those concerning the scope of criminal prohibitions and the criteria for attributing responsibility and blame to individual wrongdoers. With increased understanding of those principles, students should gain in their ability to integrate analysis of general issues and principles with argument about particular rules and doctrines in the criminal law.
The aim of this course is to examine and engage in critiques of the philosophical assumptions that underlie the substantive criminal law. We begin with a survey of the various philosophical theories that purport to explain and justify the imposition of criminal liability.
Once familiar with the fundamental concepts and issues, we then consider the relationship between moral responsibility and criminal liability by analysing the theoretical assumptions behind the substantive principles and doctrine of criminal law.
This is a seminar-style course aimed at students who already have grounding in criminal law, philosophy of law, or moral theory. Extensive class participation is expected.
List of Possible Topics (subject to variation):
- The nature of criminal law
Criminalisation
- The harm principle
- Offensive behaviour
- Paternalism
Responsibility
- Causation
- Voluntary acts
- Omissions
Blame
- Character, capacity and choice conceptions of responsibility
- Intention and recklessness
- Negligence
- Strict liability
- Moral luck and the correspondence principle
Defences
- Offences and (types of) defences
- Unknown and mistaken justifications
- Necessity
Assessment details
3,500 word essay (100%)
Educational aims & objectives
The course aims to explore some of the principles and doctrines underlying the criminal law. In particular, it investigates some of the theoretical (and particularly, ethical) problems that criminal law raises.
Learning outcomes
- Work with ideas at a higher level of abstraction than is possible in the standard module on criminal law, arguing from competing perspectives and identify the possibility of new concepts within existing knowledge frameworks and approaches.
- Be able to select key relevant issues for research and to formulate them with clarity.
- Be able to write and use orally fluent and complex prose, using legal terminology correctly.
- Be able to relate material appropriately to the concerns of the intended audience.
- Be able to read a range of complex works within and about law and to summarise their arguments accurately and engage critically with them.
Teaching pattern
Seminars: 1 x 2 hours per week (22 contact hours)