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Positive duties, regulation and the criminal sanction

Ashworth, A 2017 , 'Positive duties, regulation and the criminal sanction' , Law Quarterly Review, vol. 133, no. Octobe , pp. 606-630 .

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Recent years have seen significant increases in the number of positive duties (i.e.duties to take action, rather than simply duties to refrain) imposed by English lawon individuals and organisations. Part I below gives examples of the new dutiesto report, to prevent and to protect, and their different enforcement mechanisms.Insofar as the criminal law is involved, some of these new developments may besaid to indicate a movement away from English law's traditional reluctance tocriminalise omissions.1 Is it justifiable to use the criminal law in this way? Shouldthere be greater reliance on alternative methods of enforcement?

Item Type: Article
Authors/Creators:Ashworth, A
Keywords: sentencing policy, sentencing practice, England
Journal or Publication Title: Law Quarterly Review
Publisher: Sweet & Maxwell Ltd.
ISSN: 0023-933X
Copyright Information:

Copyright 2017 Sweet & Maxwell Ltd

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