Results 241 to 250 of about 504,516 (290)
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The Strictness of Strict Liability
Criminal Law and Philosophy, 2017This article conceptualizes what strict liability is in the criminal law. Four properties are found to be individually necessary, only jointly sufficient, for there to be the kind of moral blameworthiness that must underlie any just punishment: prima facie wrongdoing, absence of justification, prima facie culpability, and absence of excuse.
Michael S Moore
exaly +2 more sources
2018
A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the ...
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A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the ...
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2002
Abstract We have seen that there is a general principle, of a sort, to the effect that one is liable for the foreseeable harm due to one’s unreasonable conduct unless it would be unfair, unjust, or unreasonable to impose such liability.
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Abstract We have seen that there is a general principle, of a sort, to the effect that one is liable for the foreseeable harm due to one’s unreasonable conduct unless it would be unfair, unjust, or unreasonable to impose such liability.
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Strict Liability versus Negligence
The Journal of Legal Studies, 1980This chapter compares strict liability and negligence rules on the basis of the incentives they provide to "appropriately" reduce accident losses. Under strict liability, the outcome is efficient, and again the reasoning is a little different from that in the last subcase.
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Strict and Constructive Liability
2021This chapter reflects on strict and constructive liability. Strict liability is widely thought by scholars to be unjustified in the criminal law. There is, moreover, a broad consensus about why strict liability is wrong: it violates the culpability principle. It leads to conviction of persons who are, morally speaking, innocent.
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2007
Abstract This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve the best mix. However, what is
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Abstract This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve the best mix. However, what is
openaire +1 more source
Vicarious Liability Under a Strict Liability Rule
Asian Journal of Law and Economics, 2021Se-Hak Chun, Jeong-Yoo Kim
exaly