Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution
Abstract
Determining whether conduct should be criminalised or not, is a serious problem because the criminal law is becoming more civilised. This article explores the living-standard analysis tool, which provides a systematic decision-making framework rather than leaving it to intuition. This tool is applied to four examples of non-consensual photography and distribution, and the results are compared with the criminal law. This comparison indicates that the two do not always coincide. Over-criminalisation is one possible explanation for this discrepancy. This article recommends further research into the usefulness of the living-standard analysis tool.
Published
Dec 1, 2007
How to Cite
BURTON, Kelley.
Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution.
QUT Law Review, [S.l.], v. 7, n. 2, dec. 2007.
ISSN 2201-7275.
Available at: <https://lr.law.qut.edu.au/article/view/146>. Date accessed: 01 feb. 2021.
doi: https://doi.org/10.5204/qutlr.v7i2.146.
Section
Emerging Scholars' Section
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