Justifying criminalisation

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What is the analytical framework?
describing what happens
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What is the normative framework?
A framework for determining what should happen
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What doe these frameworks help us to do?
distinguish between those models which aim to help us understand what is happening as opposed to those which are aspirational
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What is the two stage test for criminalisation that Roberts argues?
1. there is good (moral) reason to justify extending the criminal law to particular conduct? 2. Should the conduct be criminalised all things considered.
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What are the three liberal philosophies on incest?
a. The harm principle- it is always a good reason to support legislation that would effectively prevent harm to persons other than the actor (Feinberg).
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b. Is incest harmful?- an argument is that if it would lead to genentically defective offspring, it should be criminalised. Problems with this argument are-none incestious relationships leading to genetic defects and none penis-vagina incest.
some might say incest is abusive and therefore should be criminalised because it constitutes sexual abuse or domination, however there is a problem with this too as incest can be consensual
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c. The offensive principle- It is good to support criminal prohibition that is probably necessary to prevent serious offences to persons other than the actor and would probably be an effective means to that end if encacted (feinberg)
g
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What is legal moralism?
Strict legal moralism- morally legitimate to prohibit conduct on the ground that it's inherently immoral, even though it doesn't cause harm or offence to the actor or others. Moral conservatism- morally legitimate to prohibit conduct on the grounds
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What is paternalism?
Prohibition justified on the basis that it is necessary in order to prevent harm (physical, psychological or economic) to the actor herself e.g. sugar tax
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Other cards in this set

Card 2

Front

What is the normative framework?

Back

A framework for determining what should happen

Card 3

Front

What doe these frameworks help us to do?

Back

Preview of the front of card 3

Card 4

Front

What is the two stage test for criminalisation that Roberts argues?

Back

Preview of the front of card 4

Card 5

Front

What are the three liberal philosophies on incest?

Back

Preview of the front of card 5
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