Discerning the purpose of the Criminal Code: The Dworkins' principled-based approach in unlawful stalking
Journal Contribution ResearchOnline@JCUAbstract
Regarding the interpretive function of the judiciary in discerning the purpose of the Code, in this case regarding stalking where the victim is not aware or has no knowledge of such activities, the work of Ronald Dworkin may be of some assistance. Dworkin asserts that there are a range of factors that judges employ, whether knowingly or not, when considering their reasons for their decision. Dworkin states that in hard cases, judges rely on a number of 'principles' of law that they use in order to maintain la's 'integrity',[1] rather than posited rules.[2] Such 'principles' as argued by Dworkin, are engrained throughout the common law and include notions of fairness, proportionality,[3] and any other principle that goes to the moral blameworthiness of the conduct on the part of the offender.[4]
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Res Judicata: contemporary issues in administrative and public law
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1
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2206-3145
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3
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3
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