eTheses Repository

Restructuring debate and reform in the criminal law: element analysis

Child, John James (2011)
Ph.D. thesis, University of Birmingham.

Loading
Child_11_PhD.pdf
PDF (2126Kb)

Restricted to Repository staff only until 01 January 2020.

Abstract

This thesis explores the structure of the criminal law and, in particular, the structural device of element analysis. Building upon the classical actus reus/mens rea distinction, element analysis further sub-divides both parts of an offence into acts, circumstances and results. In doing so, element analysis offers advantages within the criminal law, both as a structure for legal discussion and analysis, and as a structure for law reform. In relation to the latter, recent reform of inchoate assisting and encouraging (as well as a range of Law Commission recommendations) has made use of element analysis to structure the reform of the general inchoate offences, requiring different levels of fault in relation to different offence elements. However, despite the increasingly important role played by element analysis, it remains a controversial device. Critics have exposed a lack of objectivity within the separation of elements, and an unacceptable level of complexity, particularly in relation to assisting and encouraging. Accepting much of their criticism, but rejecting the viability of the alternatives offered, this thesis therefore seeks to reinterpret and remodel element analysis in order to realise its potential

Type of Work:Ph.D. thesis.
Supervisor(s):Shute, Stephen and Cryer, Robert
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:School of Law
Subjects:KD England and Wales
Institution:University of Birmingham
ID Code:1725
This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder.
Export Reference As : ASCII + BibTeX + Dublin Core + EndNote + HTML + METS + MODS + OpenURL Object + Reference Manager + Refer + RefWorks
Share this item :
QR Code for this page

Repository Staff Only: item control page