CRM 2300 Lecture Notes - Lecture 2: Occupational Safety And Health, Private Law, Victimless Crime
8 Apr 2016
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Based on the common law developed in england: 10th-17th century. Punishment on those who transgress against will of god, the king, religion. People chosen to solve people"s fights: enlightenment, industrial revolution. Assumptions of this philosophy are: human as rational being, individuals should give up the right to use force to the state: the law . Social contract theory: state (criminal law) should punish those who make rational decisions to transgress the law (blameworthy) and to take away the transgressor freedom or property. We need to be protected from the state and the laws. Charter of rights and freedoms: 1982. Privacy acts: the role of criminal law is to . Give up part of your freedom to maximize pleasure for all individuals and same time protect us from power of the state. Balance of probability: creating doubt in line of argument. Inquisitorial system (europe: the judge does fact fighting, searches for facts, ask to have all evidence from lawyers.
