70114 Final: 70114 Criminal Law and Procedure Notes - D
Document Summary
Many legal commentators have substantially neglected the historical origins and cultural relativity debates. Their purpose is to distinguish torts from crimes. Some actions count as both torts and crimes (e. g. assault and theft) Others are crimes but not torts (e. g. illegal drug use, public order offences) Others are torts but not crimes (e. g. inducing breach of contract) Most interests can be expressed either as public or private. Blackstone (w blackstone, commentaries on the laws of england) might say that only certain sorts of breaches, which threaten the viability of society should be crimes, and breach of contract is not one of these. Public/private distinction has some appeal - it does not go far in helping us to understand the phenomenon of crime, nor does it go far enough to explain the complex public responses to breaches of certain interests. Some behaviour is lawful in private but criminal if done in public (e. g. sexual behaviour between consenting adults)
