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    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Gur-Arye, Miriam 2012. Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. Criminal Law and Philosophy, Vol. 6, Issue. 2, p. 187.

    Archard, David 2007. THE WRONG OF RAPE. The Philosophical Quarterly, Vol. 57, Issue. 228, p. 374.

    Mullender, Richard 2005. The Reasonable Person, The Pursuit of Justice, and Negligence Law. Modern Law Review, Vol. 68, Issue. 4, p. 681.

    Tadros, Victor and Tierney, Stephen 2004. The Presumption of Innocence and the Human Rights Act. Modern Law Review, Vol. 67, Issue. 3, p. 402.


Rationality and the Rule of Law in Offences Against the Person

  • John Gardner (a1)
  • DOI:
  • Published online: 01 January 2009

The Offences Against the Person Act 1861 is much disparaged by today's criminal lawyers. Its provisions have been described as “impenetrable” by the Court of Appeal. The House of Lords could not conceal its dissatisfaction with what is called “the irrational result of this piecemeal legislation”. Andrew Ashworth has written of the “antiquated and illogical structure” of an Act which the Law Commission regards as “unsatisfactory in very many respects”. Most recently Brooke J., launching the latest version of the Commission's reform package, lambasted the operation of the 1861 Act as “a disgrace”, and claimed that this hostile view is shared in every corner of the criminal justice system.

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Jeremy Horder , a draft of whose paper “Rethinking Non-Fatal Offences Against the Person” (1994) 14 Oxford Journal of Legal Studies 335,

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The Cambridge Law Journal
  • ISSN: 0008-1973
  • EISSN: 1469-2139
  • URL: /core/journals/cambridge-law-journal
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