Abstract

http://ssrn.com/abstract=2253561
 


 



Codification - Recodification: The Stephen Code and the Fate of Criminal Law Reform in Canada


Jula Hughes


University of New Brunswick Faculty of Law

April 18, 2013


Abstract:     
This paper discusses the adoption of the Stephen Code as Canada’s criminal law and its implications for subsequent criminal law reform initiatives in Canada. It argues that systematic law reform has been unsuccessful because of certain features of the Stephen Code, despite theoretical assumptions that codification should facilitate law reform. This suggests that codification must meet certain additional criteria in order to fulfil the promise of enabling future change. At the same time, it becomes apparent that the Stephen Code was well positioned to be acceptable to political and judicial constituencies who had an on-going commitment to the common law. Thus, it is appropriate to characterize the Stephen Code as a politically successful codification attempt, but an attempt which ultimately fails to deliver on some of the theoretical promises of codification.

Number of Pages in PDF File: 41

Keywords: James Fitzjames Stephen, codification, Canada, criminal code

working papers series


Download This Paper

Date posted: April 19, 2013  

Suggested Citation

Hughes, Jula, Codification - Recodification: The Stephen Code and the Fate of Criminal Law Reform in Canada (April 18, 2013). Available at SSRN: http://ssrn.com/abstract=2253561 or http://dx.doi.org/10.2139/ssrn.2253561

Contact Information

Jula Hughes (Contact Author)
University of New Brunswick Faculty of Law ( email )
P.O. Box 4400
Fredericton, New Brunswick E3B 5A3
Canada
Feedback to SSRN


Paper statistics
Abstract Views: 333
Downloads: 65
Download Rank: 205,084

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.531 seconds