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Essay / Research Paper Abstract
This 5 page paper discusses the statement The only De Facto function of the English criminal law is to achieve a minimum degree of conformity of behaviour to the laws expectation... the rest are purely academic'. The writer makes reference to English Law, but the arguments may be seen as universally valid. The bibliography cites 2 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEcrimlw.rtf
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Unformatted sample text from the term paper:
behaviour to the laws expectation... the rest are purely academic". To a libertarian the role of the law is confining and constricting, limiting and individuals movements, however, if we
consider law form a utilitarian perspective we can start to argue that it is in the common good. The law can be seen as a tool used by sociality to
maintain a minimum level of behaviour. Those who do not abide by that behaviour are removed form sociality. This is designed to protect the weak and the string alike. The
criminal is seen as one who has committed a crime, and the crime, whether against property, another person, or even oneself is seen as having committed it against society.
Crime is an offence that is difficult to define in Tort and can be equated with a public wrong doing that is a
wrong against society. However, this can cause problems as some crimes are purely directed against a single individual such as the use of illegal drugs or suicide before 1961
(James, 1984). However, by definition a threat to society a problem occurs as the problem or threat may cease to be a threat
yet still remain a crime (James, 1984). The English Criminal Justice system is unlike other forms of Criminal systems has evolved through time
from previous laws, it has been a measure of its maturity that unlike many systems that have been copied and created on the basis of similar or neighbouring countries the
English system evolved along the lines as the English legal system as one developed so to did the other like twins of Justicical understanding.
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