ACCTG 1 Lecture Notes - Lecture 17: Mental Disorder, Procedural Law, Harm Principle
Document Summary
Criminal law: a body of rules by which the state prohibits certain forms of conduct because it harms or threatens public safety and welfare and that imposes punishment for the commission of such acts. Criminal law public law deals with public wrongs (socially prescribed wrongs that concern the society as a whole) contrary to private law there is hierarchy (state of individual) Meant to maintain public order and control deviant social behaviour canalizes and circumscribes application of coercive measures and punishment in legally determined channels that respect basic human rights. Protects common facilities, structures and systems from which citizens benefit the harm principle: a conduct that maybe immoral but not harmful to others, should not be the concern of criminal law. Morality is certainly influential for the criminalization of some forms of behaviour (counterpart of harm principle) Consequentialism: laws should be used to maximize the happiness of the society (jeremy.
