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Crimes and Security
Author(s) -
Tadros Victor
Publication year - 2008
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2008.00730.x
Subject(s) - imperfect , interpretation (philosophy) , ideal (ethics) , value (mathematics) , law and economics , computer security , compliance (psychology) , order (exchange) , criminology , political science , business , law , computer science , sociology , psychology , social psychology , philosophy , linguistics , finance , machine learning , programming language
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.