Journal article
Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution
Queensland University of Technology Law and Justice Journal, Vol.7(2), pp.464-476
2007
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.
Details
- Title
- Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution
- Authors
- Kelley Burton (Author) - Queensland University of Technology
- Publication details
- Queensland University of Technology Law and Justice Journal, Vol.7(2), pp.464-476
- Publisher
- Queensland University of Technology, Faculty of Law
- Date published
- 2007
- DOI
- 10.5204/qutlr.v7i2.146
- ISSN
- 1445-6230
- Copyright note
- Copyright © 2007 The Author. This work is licensed under a Creative Commons Attribution 3.0 License
- Organisation Unit
- University of the Sunshine Coast, Queensland; School of Law and Society; Sexual Violence Research and Prevention Unit; School of Law and Criminology - Legacy
- Language
- English
- Record Identifier
- 99449268102621
- Output Type
- Journal article
Metrics
68 File views/ downloads
463 Record Views