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The Criminal Law Cannot Stand Still*

The Criminal Law Cannot Stand Still* AUST. & N.Z. JOURNAL OF CR,IMINOLOGY (Sept., 1972): 5, 3 THE CRIMINAL LAW ESPECIALLY MUST BE CERTAIN, YET EVEN ... The Criminal Law Cannot Stand Still' G. SAWER •• THE title of this lecture draws attention to what many criminologists and radical critics of society may regard as a rather dry formal question. It Is certainly a question as to the form which an existing legal system exhibits, but I do not put it forward from any interest in form for its own sake. The general formal question, arising in all branches of a legal system, can be put as a choice between certainty and uncertainty. I am not concerned with the possibilities of explicit legal change by legislation, although what I have to say does have relevance for the form in which such legislative changes are expressed. What I am primarily concerned with is the ability or lack of ability of the Courts to develop, mould and adapt the law, as expressed in a form binding on them, to the changing circumstances of society. What I have put as a choice between certainty and uncertainty in the form of the law has an analogy with the distinction between http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

The Criminal Law Cannot Stand Still*

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Publisher
SAGE
Copyright
Copyright © by SAGE Publications
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486587200500302
Publisher site
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Abstract

AUST. & N.Z. JOURNAL OF CR,IMINOLOGY (Sept., 1972): 5, 3 THE CRIMINAL LAW ESPECIALLY MUST BE CERTAIN, YET EVEN ... The Criminal Law Cannot Stand Still' G. SAWER •• THE title of this lecture draws attention to what many criminologists and radical critics of society may regard as a rather dry formal question. It Is certainly a question as to the form which an existing legal system exhibits, but I do not put it forward from any interest in form for its own sake. The general formal question, arising in all branches of a legal system, can be put as a choice between certainty and uncertainty. I am not concerned with the possibilities of explicit legal change by legislation, although what I have to say does have relevance for the form in which such legislative changes are expressed. What I am primarily concerned with is the ability or lack of ability of the Courts to develop, mould and adapt the law, as expressed in a form binding on them, to the changing circumstances of society. What I have put as a choice between certainty and uncertainty in the form of the law has an analogy with the distinction between

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Sep 1, 1972

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