Philosophical Principles Of Criminal Law

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1.) Introduction to Criminal Law Principles
1.1 Criminal Law Principles
In the ever expanding growth of the criminal law system, the role of criminal law principles and philosophical arguments have play an important role to the judges in their final decision for criminal and non-criminal proceedings to deliver fairness and justice for the interest of individuals as well as the public. To build on this idea is the basic application of the criminal law principles in case law. It can be said that these principles help shape the foundation of case laws and are tools for defining and evaluating the reasoning behind the rulings of judges . Thus, based on this understanding the following cases will be critically analysed on the application of legal principles and the standing philosophical theories of the harm and welfare principle:
• R v R (rape: marital exemption) [1992] 1 AC 559; All ER 481
• R v Brown[1993] 2 All ER 75
• Airedale National Health Service Trust v Bland [1993] AC 789
• Re A(Children) (Conjoined Twins)[2012] 2 WLR 480
1.2 Harm Principle
Established by John Stuart Mill’s work On Liberty, the harm principle basically states that every individual should be allowed to do and say what they like, with the exception that the act should not cause harm to others and deny them of their liberty. It can also be said to be a tool to criminalise conduct, as when harm is caused to others by an individual there will justified grounds to criminalise the conduct of that

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