LAWS 2301 Lecture Notes - Lecture 3: Insulin, Norm (Social), Consequentialism

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18 Oct 2014
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Laws 2301 – Lecture 3
September 23, 2013
Agenda:
1) Prelim point about crim. legal system
2) Disciplinary definitions of crime
3) Legal definition of crime
4) Roher case
5) Purposes/goals for criminal law
(1) Preliminary points:
Crim. law system:
- Not constant
- Unknown system
Legal professionals:
- They focus on procedural aspects
- Focus on law as solution
- Biases in creation and enforcement of criminal law
Mitchell – Chapter 1: Types of definitions of crime
1. Legal
-broad (any behaviour)
-narrow (nothing re “ought”
2. Ethical
- Normative aspects; limits re what should be crimes; only serious wrongs
-traditional
-consequentialist
-intuitional
3. Contractual
Tutton case – parents didn’t give Insulin cause thought he was healed by God
(2) Disciplinary definitions of crime
- Sociological:
- Violations of social norms
- Historical
- Focuses on institutionalizing process (bring in other systems cause think current
systems aren’t working)
*last year’s essay q: why shouldn’t ___ be a crime*
Social norm violations: information sanctions, formal sanctions
(3) Legal definition
- Act or omission that contravenes criminal legislation
- Criminal legislation is composed of all laws which prohibit acts or require acts to be performed
on pain of penalty in some form + federally legislated
Roher (Man CA, 1953)
- Charged under Part V: Sexual offences, public morals, and disorderly conduct:
corrupting morals: s. 163 -> everyone commits offence if you make/print/distribute/etc a
crime comics
- Crime comics are magazines that depict real or fictitious crimes
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