Single Idea 23523

[catalogued under 25. Social Practice / D. Justice / 2. The Law / a. Legal system]

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 Reference

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.