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CRIMINALIZATION OF OMISSION TO MAINTAIN OLD PARENTS IN THE CONTEXT OF FOUR LIBERTY LIMITING PRINCIPLES OF CRIMINALIZATION

By Kripa Pokhrel & Khushal Gurjar


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Abstract
Principles of Criminalization assumes that an act must be immoral, harmful to self or others and offensive to be restricted by law. The concern is whether the immorality per se is enough, harmful to what extent and what constitutes offense is most crucial. In this paper, the author has tried to discuss various arguments for criminalization of omission to maintain old parents in the context of four liberty limiting principles of criminalization. The paper concludes that regulating the liberty of a person who inherits property of old parents is moralistic in a sense that state want to ensure that they act morally and maintain their old parents and at the same time there is an application of harm principle to prevent harm caused to old parents due to their omission.
Keywords
Criminalization, Legal Moralism, Harm Principle, Legal Paternalism, Offence principle.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 455-460
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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