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'A Critical Evaluation Of The Historical And Contemporary Justifications For Criminalising Begging,' (2009) 73(3) Journal Of Criminal Law 212., Dennis J. Baker

Dr. Dennis J Baker

In this paper, I evaluate the historical and contemporary justifications for the offences of vagrancy and begging. The first part of the essay focuses on the historical roots of the older English legislation. Thereafter, I evaluate the contemporary justifications for criminalising homeless beggars and argue that there is no normative justification for criminalising beggars in the twenty-first century. The paper traces the history of the offence to demonstrate that the rationale for the enactment of the earlier laws is no longer relevant. Furthermore, I demonstrate that the justifications for maintaining such offences are invalid and contrary to justice. The 750 …