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Criminal Law: Rules and Theory

The Harm Principle and Autonomy

  • 4 things to know
  • Paper 1

Overview

Recall questions on the justification for criminalising conduct, the philosopher behind the harm principle and what autonomy means here.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

From which philosopher does the harm principle derive?

Key term

Define fair labelling in criminal law.

Numbers

Which provision of the European Convention on Human Rights enshrines the principle of no retrospective liability?

Process

Why is conduct criminalised, what does autonomy mean, and for whose acts is a person liable?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the primary justification for criminalising conduct according to criminal law theory?

    Model answer

    Harm is the primary justification — the criminal law should only prohibit behaviour that causes or risks causing harm to others or society.

  2. 2

    From which philosopher does the harm principle derive?

    Model answer

    John Stuart Mill.

  3. 3

    According to Mill, what is the only legitimate purpose for exercising power over an individual against their will?

    Model answer

    To prevent harm to others.

  4. 4

    Define autonomy in the context of criminal law theory.

    Model answer

    Autonomy is the principle that individuals should be free to make their own choices, and the state should only intervene when those choices harm others.

  5. 5

    What does the principle of fault require for criminal liability?

    Model answer

    Criminal liability should generally only attach where the defendant is blameworthy, having acted with a guilty mind or fallen below expected standards of conduct.

  6. 6

    What does the principle of individual responsibility hold?

    Model answer

    People should only be held criminally liable for their own actions and choices, not for the conduct of others or for matters beyond their control.

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