Download e-book for iPad: Appraising Strict Liability by A. P. Simester

By A. P. Simester

ISBN-10: 0199278512

ISBN-13: 9780199278510

This e-book is a suite of unique essays providing the 1st full-length attention of the matter of strict legal responsibility within the legal legislations: that's, the matter of legal offences that let a defendant to be convicted with no facts of fault. as a result of its strength to convict innocent folks, strict legal responsibility is a hugely arguable phenomenon within the felony legislation. together with Anglo-American and ecu views, the contributions offer a sustained and wide-ranging exam of the elemental concerns. The breadth and intensity of the chapters mix to provide readers with a worldly research of where and legitimacy of strict legal responsibility within the legal law.

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70 The important point here, though, is that, conceptually, low mens rea and low harmfulness are distinct variables, and the reduction of one does not necessarily imply the reduction of the other. Errors in Assessing the Nature and Extent of the Moral Deficiency Problem A final problem with the indiscriminate use of the term ‘strict liability’ is that it is likely to result in errors in assessing the extent and nature of the moral deficiency problem. Determining whether and to what extent the criminal law is morally deficient is a complex task.

4) Compare, too, the suggestion in this volume by Spencer and Pedain (Ch. , the Factories Act 1833, ss. 30, 31. , I. Paulus, In Search of Pure Food(London 1974) Ch. 1. g. Sale of Food and Drugs Act 1875, s. 5; compare now the Food Safety Act 1990, s. 21. g. Fitzpatrick v. Kelly (1873) LR 8 QB 337; Roberts v. Egerton (1874) LR 9 QB 494; Cundy v. Le Cocq(1884) 13 QBD 207. g. Fowler v. Padget (1798) 7 Term Rep 509 at 514, 101 ER 1103 at 1106; Hearne v. Garton (1859) 2 El & El 66 at 74, 121 ER 26 at 29; Sleep (1861) L & C 44 at 54, 169 ER 1296 at 1301; Sherras v.

P. Simester 3 Wrongs and Faults John Gardner 4 Strict Liability, Justice, and Proportionality Douglas Husak 5 Whose Values Should Determine When Liability is Strict? Jeremy Horder 6 Strict Liability, Legal Presumptions, and the Presumption of Innocence R. A. Duff 7 Strict Liability and the Presumption of Innocence: An Exposé of Functionalist Assumptions Paul Roberts 8 Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights G.

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Appraising Strict Liability by A. P. Simester

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