2013•Singapore Academy of Law journalRequires access

No punishment without fault: Kindling a moral discourse in Singapore criminal law

Wing Cheong Chan

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Abstract

This article argues that serious consideration should be given to the moral foundations of the criminal law in Singapore by lawyers, judges and legislators, in particular the principle of mens rea and the principle of autonomy, in shaping the extent of criminal liability. It is only then that we can achieve a better understanding of when and how the criminal law and criminal penalties should be used.

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What this paper is about

This article argues that serious consideration should be given to the moral foundations of the criminal law in Singapore by lawyers, judges and legislators, in particular the principle of mens rea and the principle of autonomy, in shaping the extent of criminal liability. It is only then that we can achieve a better understanding of when and how the criminal law and criminal penalties should be used.

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Available abstract

This article argues that serious consideration should be given to the moral foundations of the criminal law in Singapore by lawyers, judges and legislators, in particular the principle of mens rea and the principle of autonomy, in shaping the extent of criminal liability. It is only then that we can achieve a better understanding of when and how the criminal law and criminal penalties should be used.

Key concepts: Criminal law, Mens rea, Law, Criminal liability, Project commissioning, Punishment (psychology), Political science, Strict liability

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