Autonomy and Liability in Legal Frameworks

What is autonomy in a legal context?

Autonomy is an individual's right to make their own decisions without undue interference.

How do legal rights relate to autonomy?

Legal rights uphold autonomy by respecting people's choices.

What did Mill advocate regarding personal liberty and autonomy?

Mill emphasized the importance of autonomy except when it could cause harm.

What was established in the Gillick case regarding children's autonomy?

The Gillick case established that a child can have autonomy if they demonstrate sufficient understanding and maturity to make an informed decision.

How can the law restrict autonomy?

The law can restrict autonomy, as seen in the R v Brown case on sexual masochism.

What is the purpose of a custodial sentence in relation to autonomy?

A custodial sentence is used as a last resort to protect the public and reform offenders.

Why are restrictions imposed on individuals under 18?

Restrictions are imposed to protect vulnerable individuals, such as preventing them from buying alcohol.

What was the significance of the selling of lottery tickets in Harrow?

It was a strict liability offence aimed at protecting children.

What is fault-based liability in English law?

Fault-based liability is the responsibility for wrongdoing where the defendant must be proven to be to blame.

What is mens rea and how does it relate to liability?

Mens rea is used to determine the defendant's liability, indicating the intent behind their actions.

What is non-fault-based liability?

Non-fault-based liability is where the court does not consider the defendant's fault.

What are strict liability offences?

Strict liability offences are created by statute to control unwanted behaviour and set high standards.

What was the ruling in Alphacell v Woodward?

Alphacell v Woodward was a strict liability offence for polluting the river.

How does non-fault-based liability benefit the court system?

It can save court time and money, as defendants are more likely to plead guilty and it acts as a deterrent.

What does individual responsibility entail?

Individual responsibility holds individuals accountable for their actions and consequences.

How does the law of joint enterprise relate to individual responsibility?

In joint enterprise, multiple people can be held responsible for the outcome, even if only one person committed the act.

What was the outcome of the case of Cunliffe regarding responsibility?

Cunliffe was held accountable on the basis of collective responsibility, despite not personally participating in the murder.

What change did the case of Jogee bring to collective responsibility?

Since Jogee, the secondary party must have intended to encourage or assist the main offender.

What is the relationship between autonomy, fault, and individual responsibility?

The relationship is important as it creates a legal framework that punishes wrongdoing, protects individual rights, and ensures accountability for actions.

Why is individual responsibility important in the legal system?

It acts as a deterrent against crime and upholds justice.