“Human rights-inspired theories of criminalisation ultimately collapse into legal moralism, and as such
should be rejected.”
Critically consider this statement in relation to at least TWO legal moralist approaches to criminalisation.
To what extent are human rights approaches to criminalisation more theoretically coherent and
practically useful than other moralist approaches?
International Criminal Law
A. Importance of Introduction
Having an introduction is really important! It is imperative that in your
introduction you set out precisely how you intend to tackle the essay topic. The
introduction serves as a way of telling the reader how you intend to structure the
work and to introduce your key points, which you will then support during the
B. Developing the argument
The body of the essay should explore the arguments you wish to make in detail.
Reference should be made to relevant case-law and secondary literature. When
making a reference to cases, it is often unnecessary to state all the facts of the
decision – assume the reader knows the cases so either (i) mention no facts at all
or (ii) mention those facts which are crucial to support your point. In referring to
a case, please just mention the names of the parties, NOT the whole reference,
(e.g. Tadić or Tadić is good enough). You need of course to have the complete
citation of the case in your footnotes (eg Prosecutor v. Dusko Tadić, Decision on
Defence Motion on the Principle of non bis in idem, Trial Chamber I (IT-94-1-T),
14 November 1995, para. 33). When referring to secondary literature, make sure
you cite them properly (pay attention to the format the footnotes should have).
Plagiarism is strictly prohibited!
The conclusion should summarise the main points you have made and be an
answer to the question set, which has been supported by the preceding
discussion. The reader should be in no doubt that you have used the correct
material to support your conclusions.
D. Defend your views
Please note there is no right or wrong answer – it’s up to you to formulate a view
and to defend it with the material you have studied. Just make sure that every
sentence you write is an answer to the question and that it supports your
Structure is all important. You must ensure your thoughts follow logically from
one to the other. Use headings if you like to sub-divide the points.