Appraising Strict Liability by A. P. Simester

By A. P. Simester

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

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Cooperman Designated Professor of Law, Moritz College of Law, Ohio State University. Antje Pedain, University Lecturer in Law, University of Cambridge, and Fellow of Magdalene College. Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham. A. P. Simester, Professor of Legal Philosophy, University of Nottingham. John R. Spencer, Professor of Law, University of Cambridge, and Fellow of Selwyn College. G. R. Sullivan, Professor of Criminal Law, University of Durham. xvi) Contents Title Pages General Editor’s Preface Preface 1 Six Senses of Strict Liability: A Plea for Formalism Stuart P.

Even quasi-criminal offences are, in practice, to some extent punitive. To the extent that they, and more serious crimes, permit conviction and punishment without fault, the spirit of the modern criminal law is morally impoverished. And, ethically speaking, its content is in need of reform. Michaelmas 2004 A. P. S. Notes: (1) One glaring example of this is Robert Schopp’s discussion of duress in Justification Defences and Just Convictions (Cambridge 1998) Ch. 5, where he argues that a defendant blamelessly acting under duress should receive a ‘vindicating’ conviction but no (further) punishment.

31) Criminal Law, Tradition and Legal Order, 125. Six Senses of Strict Liability: A Plea for Formalism Stuart P. Green In recent years, criminal law theorists have made considerable progress in developing a vocabulary for describing the moral content of criminal offences. g. 3 I am grateful to Antony Duff, Douglas Husak, and Andrew Simester for their insightful comments on an earlier draft. 2) But analysis of the moral content of criminal offences is not limited to a consideration of what elements of harmfulness, culpability, and wrongfulness such offences include; it also needs to take account of the kinds of moral content in which criminal offences are deficient.

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