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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.
M. Moore
exaly +3 more sources
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
exaly +2 more sources
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
exaly +2 more sources
2002
Abstract This chapter shows that fault liability based in the injurer's negligence is not ordinarily defeasible by an excuse. In that sense, both fault and strict liability in torts are forms of strict liability. Strict liability in torts differs from fault liability in that an injurer can defeat liability neither by excuse nor ...
exaly +2 more sources
Abstract This chapter shows that fault liability based in the injurer's negligence is not ordinarily defeasible by an excuse. In that sense, both fault and strict liability in torts are forms of strict liability. Strict liability in torts differs from fault liability in that an injurer can defeat liability neither by excuse nor ...
exaly +2 more sources
Application of strict liability principles in environmental dispute resolution
Annals of Justice and Humanity, 2023Purpose: The aim of this study is to analyze the factors causing the Strict Liability principle to not be implemented effectively and the efforts that can be made so that the Strict Liability principle can be implemented effectively. Research Methodology:
Muhammad Akib +4 more
semanticscholar +1 more source
Ahkam: Jurnal Ilmu Syariah, 2023
This study examined the issue of cough syrup linked to several deaths of children in Indonesia from the perspectives of Maqasid Sharia and Strict Liability Theory.
Rahmatiah Hl +3 more
semanticscholar +1 more source
This study examined the issue of cough syrup linked to several deaths of children in Indonesia from the perspectives of Maqasid Sharia and Strict Liability Theory.
Rahmatiah Hl +3 more
semanticscholar +1 more source
Bengkoelen Justice : Jurnal Ilmu Hukum, 2023
Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its ...
M. Ikhsan +3 more
semanticscholar +1 more source
Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its ...
M. Ikhsan +3 more
semanticscholar +1 more source