Positive obligations in criminal law

Contents:
1: Is the Criminal Law a Lost Cause;
1.1 Distinguishing Criminal Offences by Reference to their Content;
1.2 The Procedural Distinction;
1.3 The Functional Distinction;
1.4 Proceedings and Protections;
1.5 The Seriousness of Wrong doing;
1.6 Equal Treatment, Countervailing Interests and Differential Enforcement;
1.7 Criminalisation and Sentencing;
1.8 The Principled Core of Criminal Law;
2: Criminalising Omissions;
2.1 The Place of Omissions in the Criminal Law;
2.2 The Foundations of Legal Duties;
2.3 A Re-appraisal of Duty-Situations;
2.4 Omissions Offences and the Rule of Law;
2.5 The Contours of Omissions Liability;
2.6 Omissions as Offence-Elements;
2.7 What Duty-Situations Should Require;
2.8 Conclusions;
3. Ignorance of the Criminal Law, and Duties to avoid it;
3.1 Is Ignorance of the Criminal Law No Defence?
3.2 The Ignorance-of-Law Doctrine and the Principle of Legality;
3.3 Three Different Contexts for Ignorance of the Criminal Law;
3.4 What are the State's Obligations?
3.5 Some Practical Implications;
3.6 Conclusions;
4: Should Strict Criminal Liability be removed from All Imprison able Offences?
4.1 What is Strict Criminal Liability?
4.2 Reasons for Requiring Fault for Criminal Conviction;
4.3 Serious Crime: Limitations and Exceptions;
4.4 Imprisonment without Fault;
4.5 Conclusions;
5: A Change of Normative Position: Determining the Contours of Culpability in Criminal Law;
5.1 Unlawful Act Theory;
5.2 The Nub of Subjectivism;
5.3 Moderate Constructivism, Autonomy and the Rule of Law;
5.4 The Idea of Change of Normative Position;
5.5 Determining the Effect of a Change of Normative Position;
5.6 Change of Normative Position by Acting Knowingly;
5.7 Moderate Constructivism Re-Stated;
6: The Unfairness of Risk-Based Possession Offences;
6.1 Risk-Based Possession Offences;
6.2 Possession Offences and Core Doctrines;
6.3 Possession as a Form of Endangerment;
6.4 If Possession is Criminalised, How should it be sentenced?
6.5 Conclusions: Possession Offences and Criminal Law Doctrine;
7: Child Defendants and the Doctrines of the Criminal Law;
7.1 Childhood 7.2 Children as Moral Agents;
7.3 The State's Response to Children's Bad Behaviour;
7.4 The Effect of Childhood on General Defences to Criminal Liability;
7.5 The Effect of Childhood on Consent;
7.6 The Effect of Childhood on Mens Rea;
7.7 Conclusions 8: Human Rights and Positive Obligations to Create Particular Criminal Offences;
8.1 The Range of Positive Obligations under the European Convention on Human Rights;
8.2 Duty to Secure Article 8 Rights;
8.3 Duty to Secure Article 3 Rights;
8.4 Duty to Secure Article 2 Rights;
8.5 Duty to Secure Article 4 Rights;
8.6 Conclusions;
9. Epilogue: Emphasising the Positive;