ABSTRACT
In Principles of Criminal Law, Andrew Ashworth defends a range of principles that he argues should govern the scope and conditions of criminal liability. This chapter examines Ashworth’s arguments for these principles, their significance in their context, and their subsequent influence on criminal law scholarship. It begins by identifying Ashworth’s overarching concerns with retributive justice and liberal autonomy, and his scepticism towards policies of social defence. It then turns to his arguments for, and applications of, a range of more specific principles: those relating to minimum criminalisation, fair labelling, subjective fault and the rule of law. Overall, it is argued, the retributive aspects of Ashworth’s normative vision have been more influential than its liberal aspects. The chapter also reflects on the book’s prioritisation of principle over policy, and on its distinctive middle range approach to normative theorising.
