This book offers a set of essays, old and new, examining the positive obligations
of individuals and the state in matters of criminal law. The centrepiece is a new,
extended essay on the criminalisation of omissions – examining the duties to
act imposed on individuals and organisations by the criminal law, and assessing
their moral and social foundations. Alongside this is another new essay on the
state’s positive obligations to put in place criminal laws to protect certain individual
rights.
Introducing the volume is the author’s much-cited essay on criminalisation,
‘Is the Criminal Law a Lost Cause?’. The book sets out to shed new light on
contemporary arguments about the proper boundaries of the criminal law, not
least by exploring the justifications for imposing positive duties (reinforced by
the criminal law) on individuals and their relation to the positive obligations of
the state.