Law I / The Other Limits on the Power to Punish
Practice question · Sort into groups

Sort each proposed offence by how it fares under the principle of exclusive protection of legal goods.

Groups: Protects an identifiable legal good · Protects only a moral sentiment · Protects a legal good, but a lesser instrument would plainly do

Hints
  1. Two columns fail the test and they fail it in different ways.
  2. The third column contains conduct that really does affect an interest, just not one needing this instrument.
Show the answer

Protects an identifiable legal good: Water supply poisoning, Serious violence

Protects only a moral sentiment: Harmless private conduct, Harmless unpopular views

Protects a legal good, but a lesser instrument would plainly do: Late routine filings, Loading bay parking

Why

The third column is where the practical argument is. Nobody defends criminalising a distasteful private act these days; a great many people defend criminalising minor administrative failures, and the ultima ratio objection to those is that an administrative sanction protects the same interest at a fraction of the cost to the person and to the courts.

Read the lesson: The Other Limits on the Power to Punish →

Practise The Other Limits on the Power to Punish

The app has 5 more questions on this lesson, and keeps your place in the course. Law I is free to start.

More questions on The Other Limits on the Power to Punish