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This chapter discusses the essential elements of Dworkin’s theory of law. It focuses on Dworkin’s assault on positivism and his insistence upon the close relationship between morals and the law. By denying the positivist separation between law and morals, he expounds a theory that rejects the proposition that judges either do or should make law, and contends instead that judges have an obligation to find and express ‘the soundest theory of law’ on which to decide hard cases; and concludes that, since judges (who are unelected officials) do not make law, the judicial role is democratic and prospective. His approach is based on the notion that only by adopting this view of the judicial function can the law take rights seriously.

Chapter

This chapter discusses the essential elements of Dworkin’s theory of law. It focuses on Dworkin’s assault on positivism. Dworkin denies the positivist separation between law and morals; rejects the proposition that judges either do or should make law; argues that judges must seek ‘the soundest theory of law’ on which to decide hard cases; and concludes that, since judges (who are unelected officials) do not make law, the judicial role is democratic and prospective. A central aspect of his theory is the importance of individual rights based on the idea that everyone is entitled to equal concern and respect. This leads him to analyse closely the concept of equality and its relation to liberty.

Chapter

H. L. A. Hart

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter examines the relations between law and morals. It analyses what lies between Natural Law and Legal Positivism. It considers, in the form of five truisms, the salient characteristics of human nature upon which the minimum content of Natural Law rests. These truisms are: human vulnerability, approximate equality, limited altruism, limited resources, and limited understanding and strength of will. The chapter concludes by examining six forms of the claim that there is some further way in which law must conform to morals beyond that which has been exhibited as the minimum content of Natural Law.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

Chapter

This chapter analyses and explains acts of crimes as moral actions (i.e., actions guided by what is the right or wrong thing to do) within an analytical criminology framework. It outlines some common problems of current mainstream criminological theorizing and research, such as the lack of a shared definition of crime, the poor integration of knowledge about the role of people and places in crime causation, the frequent confusion of causes and correlates, and the lack of an adequate action theory, and proposes a more analytical criminology as the remedy. The chapter introduces Situational Action Theory (SAT), a general, dynamic, and mechanism-based theory about crime and its causes, designed to address these problems and provide a foundation for an analytical criminology. It concludes by briefly discussing main implications for the future direction of policy and prevention.

Chapter

A person is criminally liable not only if he actually commits or participates in substantive offences, but also if he encourages or assists the commission of an offence, or conspires with others to commit an offence or attempts to commit an offence. Encouraging or assisting crime, conspiracy to commit a crime and attempt to commit a crime are statutory offences. They are known as inchoate offences (that is, incomplete or undeveloped). There are three offences of encouraging or assisting crime: intentionally encouraging or assisting an offence, encouraging or assisting an offence with the belief that it will be committed, and encouraging or assisting offences with the belief that one or more will be committed. These three offences replaced the common law offence of incitement. The chapter also discusses the common law offences of conspiracy to defraud and conspiracy to corrupt public morals.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech and the impact of restraints on hate speech.