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Theory in Criminal Law - Coggle Diagram
Theory in Criminal Law
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paternalistic law
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where potentially illegal conduct carried out in private between consenting adults, the law isn't consistent + judges have differing views
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House of Lords failed to set precise guide to decide where defence of consent should succeed or where it shouldn't
whilst a person has a general right of free will, a state may, as a matter of public policy, restrict that in certain cases
Laskey, Jaggard and Brown v UK
legal moralism
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laws may be used to prohibit or require behaviour based on society's collective judgement of whether behaviour moral or not
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