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3 Cards in this Set
- Front
- Back
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Proposals |
see s18 GBH flashcards |
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Gardner |
Argues reform will damage rather than improve the law. The Law Commission draft paper redefines assault and battery and intends to use 'force' and 'impact' which Gardner agues distorts the substance of the offence and makes it sound as if the conduct must be violence. He argues that the offences, though some may overlap, cannot be unified into a neatly scaled family of crimes. The existing moral clarity in the law should remain. The distinctions in the 1861 Act are genuine moral distinctions and are also distinctions which appear to the popular moral imagination. The language of the sections are arcane and ornamented and so lack textual clarity. But these words should remain as they have been preserved from the common law and carry moral force. Believes the Law Commission fails to carry through the robust support for the rule of law. |
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Law Commission |
Favour textual clarity over moral clarity. They want to cut down the number of elements in each criminal offence, to cut down the opportunity for uncertainty. They insist that the elements of each offence are chosen, from a limited palette of approved elements which are free of greyness of word. See Research. |
