Finding the stability to encourage maximumautonomy and welfare by making the conditions, through minimum criminalisation,that permit and encourage individuals to peruse their genuine social goals is achallenge in criminal law. A principle that assists the role ofthe law in protecting society from harm is the principle of welfare. From apossible victim’s point of view, the principle of welfare is in accordance withthe principle of autonomy mentioned previously: for someone to exercise theirright of autonomy, he should be protected from others that would unfairlyhinder his ability to do so, physically or otherwise. Nonetheless, theprotection of an individual’s right to autonomy entails the limitation ofanother individuals right to autonomy. Therefore, the principle of welfare deliversa counterbalance to that if autonomy, and one could validate an extremely limitingcriminal law. For instance, if an individual was to harm someone whilst sufferingfrom an epileptic seizure the concept of autonomy would suggest that there isno liability as the individual did not have the necessary men’s rea. This meansthat harming someone whilst having a seizure is not a voluntary act and only ablameworthy should be punished.
However, the welfare principle couldpotentially favour criminalisation due to the fact that the victim’s welfare wasstill hindered. JosephRaz argued that: ‘the social conditions requiredfor the full exercise of autonomy must be provided for the states to appreciatethe importance of autonomy.’ (Raz 1986). WelfareAutonomy is also the primary approach for the advancement of’choice’ as a critical component of both legal and moral blame.
As a result, conducts that the defendantcannot evade must not be criminalised. The most fundamental implications ofthis would rule out the legislation of, for example, sleeping and respiration,where we carry out these actions without choice. Accordingly, the fairness orcriminalising unrealistic choices is debateable. In other words, where thedefendant commits an offence to avoid threatened sever violence, the defence orduress is applied. Notwithstanding, duress is not in any way permitted as adefence to murder, irrespective if it is highlighted that a reasonable personwould have responded within same manner, and therefore the defendant’s responsewas in a way an inevitable response.The principle of individual autonomy is one of the crucialconcepts in the justification of criminal laws.
An individual’s right of livinghis or her life as he or she please (The right or autonomy). This principle isused in criminal law to forestall somebody’s exercise of autonomy from obstructinganother individual’s autonomy. The criminalisation of certain conducts,restricts our option by construction of the legal code. In relation ofcriminalising failures to act, the law is hindering the individuals’ decisionsand demanding an explicit course of conduct.
Henceforth, if we perceiveautonomy as something that should be perpetuated and increased, criminaloffenses, especially those regarding omissions liability, that restrain ourautonomy ought to be kept to a minimum.AutonomyThe principle of harm presents a concept of crime where a conductmust only be banned if it results in harming another person. This principle putsa standard in place for what types of conducts a liberal should be able to rightlyforbid. The harm principle does not say that conducts that are harmful, shouldbe prohibited; rather, it says that harmful conducts alone should be able to beprohibited. John Stuart Mill’s essay, ‘on liberty,’ regarding the principle of harm argues that: ‘Power should only be exercised over civiliansagainst their will if the reason is to prevent harm to others.
‘ Thus, the ideabehind this principle is that individuals should be able to do as they please iftheir actions do not harm the interest of others. HarmThis essay is going to explain and judge the rules and standardsof criminal law in the light of certain guiding principles of restraint in theconstruction and use of the criminal law.Theprinciples of the English criminal law. Discuss all the relevant issues posedby this topic.