General Principles of Criminal Liability Assignment

General Principles of Criminal Liability - Assignment ExampleAnd, anything that does not encounter with such goodness is evil or crime deserving punishment. Such a belief is followed by the order of magnitude as a whole and such moral thoughts consider crime as evil, reflecting a direct association of the criminal fair play and morality (Gilly, Gilinskiy and Sergevnin 2009). Jurisprudential positivists assimilate tried to focus on the fact that legal philosophy and morality are separated. The connection between legality and morality was master(prenominal)ly support by the classical natural faithfulness thinkers. However favourableness reflects a theory that criminal law is not associated with moral. The positivists tried their best to bang between law and morality but it could be obtained that if the 2 were separated then all intersections of criminal law and morality would be rejected. Thus the concept of positivism in relation to cause a separation between law and morali ty was found to be confusing and hence eventually unacceptable (Legal Positivism of Law 2012). The inherent relation between law and morality has become more prominent. This is reflected in issues of homosexual marriage or rights of abortion where the criminal law based on English law can be seen to be supporting issues based on the moral principles carried by the society since the early times. One of the most common cases in the English law that reflects on the relation between the criminal law and mortality is the Regina v. Dudley & Stephens Case. The case reflects upon twain men and a boy who became stranded at a sea, and when they were almost dying, the two men contumacious to kill the boy and eat him up, considering the fact that the boy did not drive a family like they did, and also was starving. However, post their rescue, the two men were charged by the court as guilty of the murder and the law does not have support for the excuse they presented (Regina v. Dudley & Steph ens Morality, Murder and the Criminal Law 2009). In the above mentioned cases, the decisions of the legal musical arrangement have significantly been based on the moral beliefs of the society. Thus it can be said that although the positivists tried to distinguish the two considering the fact that the nature of the law needs to be assorted and irrespective of the moral beliefs of the society however, it could not be achieved and hence the inherent relation of law and morality is prevalent and can be significantly seen in several criminal cases in the present times. Solution 2 As furthest as legal certainty with regard to English law is concerned, there are laws that determine the laws in the system. There are particular discipline and approaches of all lawyers that they use for resolution of legal issues. One of the main aims of the system of precedent is to establish legal certainty. Considering the law of precedent, the legal system should stand by what it has decided on any par ticular issue. This is also known as the doctrine of stare decisis, where for example, the decision taken by a High Court is imposed upon the lower courts. However, such a legal system would only mean that in certain cases, the treatment for same crimes or acts might become different thereby raising the question of injustice, if the precedent cases are not highlighted or overviewed while considering a stream case (Perell 1987). As could be observed in the case of Bell v Lever Brothers Ltd, the model was based