Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.537285
Title: Restructuring debate and reform in the criminal law : element analysis
Author: Child, John James
ISNI:       0000 0001 2423 3165
Awarding Body: University of Birmingham
Current Institution: University of Birmingham
Date of Award: 2011
Availability of Full Text:
Access through EThOS:
Full text unavailable from EThOS. Thesis embargoed until 01 Jan 2020
Access through Institution:
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
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.537285  DOI: Not available
Keywords: KD England and Wales
Share: