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4 Pages Essays / Projects Year: Pre-2021

“The determination that a certain type of wrong is serious enough to justify the censure of the criminal law is a threshold decision: is it possible to find guidance within theories of criminal law in order to determine whether there are good arguments for creating a positive duty and criminalising the omission to carry it out?” (Andrew Ashworth, ”Positive duties, regulation and the criminal sanction” (2017) 133 LQR 606-630 at 611) Discuss. What are the good arguments for creating a positive duty and criminalising the omission to carry it out? Do these outweigh arguments against criminalising omissions?


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