more on this theme | more from this thinker
Full Idea
The principle of legality requires criminal offences to be as precisely defined as possible, so that it can be known with reasonable certainty beforehand what acts are criminal and what are not.
Gist of Idea
The principle of legality requires crimes to be precisely defined in advance of any action
Source
H.L.A. Hart (Law,Liberty and Morality [1963], I 'Conspiracy')
Book Ref
Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.12
A Reaction
Hart is discussing a breach of this, where moral judgements are used to condemn something which was not obviously illegal. Families and schools don't have such precise rules, but it seems needed in a vast and pluralistic society.
| 23523 | The principle of legality requires crimes to be precisely defined in advance of any action [Hart,HLA] |
| 23524 | Some private moral issues are no concern of the law [Hart,HLA] |
| 23521 | Do morals influence law? Is morality an aspect of law? Can law be morally criticised? [Hart,HLA] |
| 23522 | In an organised society all actions have some effect on other people [Hart,HLA] |
| 23525 | Is the enforcement of morality morally justifiable? [Hart,HLA] |
| 23529 | Conduct is not isolated from its effect on the moral code [Hart,HLA] |
| 23527 | Moral wickedness of an offence is always relevant to the degree of punishment [Hart,HLA] |
| 23528 | The value of liberty allows freedom of action, even if that distresses other people [Hart,HLA] |
| 23526 | Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA] |
| 23530 | The great danger of democracy is that the oppression of the minority becomes unobjectionable [Hart,HLA] |