... one must assume the eyes of the legislator. Look at the motive of the legislation - what does the legislation aim to redress, or at least appear to redress. What is the mischief the legislature sought to cure, the motives differ very much in public order law and other branches of criminal law. Crime is a social construct for maintaining society: Crime; "act[s] or conduct prejudicial to the community the commission of which renders the person responsible liable to punishment1". Basically, society's rules to be followed, which maintain its hierarchy of authorities who make those laws which bind that community. A circular argument really; The authorities design those rules to institutionalise their hierarchies (themselves). So essentially crime is the rules of those in power2. However, this is oversimplified. Those in power - specifically the government and legislature - cannot act unchecked. They must react to public opinion and media ...

See this essay or coursework document in full right now