Discerning the purpose of the Criminal Code: The Dworkins' principled-based approach in unlawful stalking

Fellows, Jamie (2016) Discerning the purpose of the Criminal Code: The Dworkins' principled-based approach in unlawful stalking. Res Judicata: contemporary issues in administrative and public law, 1 (3).

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Abstract

Regarding the interpretive function of the judiciary in discerning the purpose of the Code, in this case regarding stalking where the victim is not aware or has no knowledge of such activities, the work of Ronald Dworkin may be of some assistance. Dworkin asserts that there are a range of factors that judges employ, whether knowingly or not, when considering their reasons for their decision. Dworkin states that in hard cases, judges rely on a number of 'principles' of law that they use in order to maintain la's 'integrity',[1] rather than posited rules.[2] Such 'principles' as argued by Dworkin, are engrained throughout the common law and include notions of fairness, proportionality,[3] and any other principle that goes to the moral blameworthiness of the conduct on the part of the offender.[4]

Item ID: 42977
Item Type: Article (Commentary)
ISSN: 2206-3145
Keywords: stalking; Queensland; criminal law; Dworkin
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Res Judicata: contemporary issues in Administrative and Public Law is the blog of Jamie Fellows and can be located at: https://resjudicatablog.wordpress.com/

Date Deposited: 17 May 2016 05:00
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180110 Criminal Law and Procedure @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940403 Criminal Justice @ 100%
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