Abstract
Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
Highlights
Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.[1]
The purpose of this article is to consider the crime of public nuisance, a common law crime
Some acts which were categorised as public nuisances relate to the unlawful treatment of the dead, which requires no proof of nuisance.[18]
Summary
Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.[1]. Hawkins defined 'common nuisance' by, effectively, taking the rationale for making the act a crime (because it caused a nuisance to the public).[16] Further, Hawkins definition was (very much) a personal (and wide) one This subjectivity was followed by writers such as Russell (1817-1964) (who added in indecency, see 20) and Sir James Fitzjames Stephen (in 1883) (see 22). Some acts which were categorised as public nuisances relate to the unlawful treatment of the dead, which requires no proof of nuisance.[18] This area of the common law should be placed in legislation;[19]. Some acts which were categorised as public nuisances relate to the crime of outraging public decency, which requires no proof of nuisance This common law crime should be placed in legislation. Any remaining acts should be included in current anti-social legislation
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