Importance of a theory of
Criminal Law
•
Without a theory, without an understanding
of what distinguishes crime from other forms
of wrongful and troublesome conduct, we
cannot understand or make sense of the
notion of crime.
•
A theory of criminal law provides us with a
logical
and reasonable
definition of crime.
On Jerome Hall’s Theory of
Criminal Law
•
What makes crime different from other forms
of rule violation?
•
Can we identify the components (elements)
that constitute this distinction?
•
Hall stresses
Legality
and
Conduct
Then focuses on
Harm
and
Intent
He recognizes the role of
Punishment
and
points to some important linkages (
Causality
and
Concurrence
).
The first logical requirement for
an understanding of crime is
•
The existence of a law
that prohibits (or
requires) some specific conduct. This is the
legality
requirement.
•
Logic also requires that the law be in
existence before the conduct.
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- Spring '08
- papachristos
- Law, Criminal Justice, criminal law, Stanley Diamond, logical requirement, Jerome Hall
-
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