Crimes and Security |
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| Authors: | Victor Tadros |
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| Affiliation: | 1. School of Law, University of Warwick;2. aSchool of Law, University of Warwick. An earlier paper from which this paper grew was delivered at the political philosophy group, University of Warwick, at All Souls College Oxford and at the University of the West of England. Thanks go to the participants at those seminars, and especially to Ben Bowling, Matthew Clayton, Tony Cole, Antony Duff, Lindsay Farmer, Doug Husak, Sandra Marshall, Massimo Renzo, Andrew Williams and two anonymous referees for the Modern Law Review for advice and suggestions. |
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| Abstract: | This essay considers the role that the value of security might play in criminalisation. While endorsing security as a legitimate rationale for the creation of a criminal offence, it examines some existing offences that are created or structured in a particular way for security reasons. This is done through a two‐stage analysis. Stage one considers the consequences of adopting an offence or offence definition if it was interpreted ideally and complied with perfectly. Stage two considers how we can expect the offences to operate in the real world given imperfect compliance and non‐ideal interpretation. |
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| Keywords: | Crime Criminalisation Security Liberty Sexual Offences Terrorism Fraud |
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