BethanyChikim
Badges: 2
Rep:
?
#1
Report Thread starter 2 years ago
#1
What are people's opinion on law and morality concerning the Literal rule?
0
reply
londonmyst
Badges: 18
Rep:
?
#2
Report 2 years ago
#2
The literal rule is usually quite clear and provides certainty as to precisely what is illegal.
It's very helpful when dealing with simple crimes that have strict or absolute liability- like speeding or polluting rivers.
Less useful for handling more complex crimes that focus very strongly on intent or involve technology and problematic social issues that are emotive or very widespread.

The problem tends to come when dealing with morality based archaic laws in modern scenarios that the original law was not designed to handle.
For example upskirting, a judge decided based on the literal rule that upskirting was not a crime if the victim was wearing underwear.
Although the creep was willing to plead guilty and the CPS were willing to accept the guilty plea- the judge used the literal rule about what the victim was wearing along with his own personal viewpoint to decide what was indecent and intended to be outlawed.
The focus was on the literal meaning of the statute words, combined with the choices of the victim rather than the actions and intentions of the defendant.

Other judges have used either golden or mischief to convict the pervert- to shift the legal focus onto the actions of the creep filming or photographing up a woman's skirt without her consent.

At the time the laws on public decency were created, opinions were very different than today and the everyday technology that we take for granted didn't exist.
Laws focused on morality based upon religious attitudes and the problems that were worst feared or widespread at that time.
Books with sexual content or controversial theories were considered dangerous and taboo.
Creeps trespassing on private land, sneaking into other people's gardens to peer at young women through bathroom or bedroom widows, were held to be the indecent bad men of the era.
The laws was intended to punish these scenarios and deterring potential wrongdoers from going down such a path.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Have you experienced financial difficulties as a student due to Covid-19?

Yes, I have really struggled financially (53)
17.04%
I have experienced some financial difficulties (89)
28.62%
I haven't experienced any financial difficulties and things have stayed the same (117)
37.62%
I have had better financial opportunities as a result of the pandemic (41)
13.18%
I've had another experience (let us know in the thread!) (11)
3.54%

Watched Threads

View All