CEX213 | Themes in the Philosophy of Criminal Law

The course takes students back to the first principles of criminal law and discusses how these  principles relate to substantive or doctrinal Indian criminal law. From understanding what (if  anything) makes criminal law unique, to discussing the principles behind the ‘general part’  (rather than specific offences) of criminal law, the course seeks to provide students the tools  to go deeper into what they learn about substantive criminal law in Criminal Law I.

Students will study the topics primarily through Anglo-American literature (articles, book  chapters and blogposts) on the philosophy of criminal law, because of the Anglo-American  roots of India’s substantive criminal law as well as Indian jurisprudence on criminal law. These  sources have been chosen because they dissect, critique and explain Anglo-American  substantive criminal law, not just as it is (or was) but as it ought to be. Some articles by Indian  authors and Indian case law will also be read to contextualise the Anglo-American literature  where possible. Together, these would provide foundational skills for students to examine and  understand the normative underpinnings (or lack thereof) of Indian criminal law.

The course will adopt a seminar style method. Readings for every class will be sent across in  advance, along with the theme and aims of that class to allow students to ground their reading.  These readings will then be discussed critically in class.

The course will follow the following topic-wise trajectory:

a) Introduction [2 hours]

b) The Uniqueness of Criminal Law [7 hours]

c) Criminalisation [12 hours]

a) Meanings: Criminalisation, harms and wrongs [1 hour]

b) Harm Principles [2 hours]

c) The Wrongfulness Constraint [2 hours]

d) The Slippery Content of Harms and Wrongs [6 hours]

d) Liberty and Paternalism in Criminal Law [4 hours]

e) Mala Prohibita Offences as a Reflection on the constraints on criminal law [4 hours] f) Criminalisation and Decriminalisation in India [2 hours]

g) Offences and Defences [8 hours]

h) Conclusion [2 hours]