Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution

Burton, Kelley J. (2007) Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution. QUT Law and Justice Journal, 2(7).


Determining whether conduct should be criminalised or not, is a serious problem because the criminal law is becoming more civilised. This article explores the living-standard analysis tool, which provides a systematic decision-making framework rather than leaving it to intuition. This tool is applied to four examples of non-consensual photography and distribution, and the results are compared with the criminal law. This comparison indicates that the two do not always coincide. Over-criminalisation is one possible explanation for this discrepancy. This article recommends further research into the usefulness of the living-standard analysis tool.

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ID Code: 12682
Item Type: Journal Article
Refereed: Yes
Additional Information: The contents of this journal can be freely accessed online via the journal's web page (see hypertext link).
Additional URLs:
Keywords: criminalisation, harm, photograph, crime, criminal law
ISSN: 1445-6230
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Queensland University of Technology
Deposited On: 10 Apr 2008 00:00
Last Modified: 29 Feb 2012 13:35

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