Download PDF by A. P. Simester: Appraising Strict Liability

By A. P. Simester

ISBN-10: 0199278512

ISBN-13: 9780199278510

This booklet is a set of unique essays providing the 1st full-length attention of the matter of strict legal responsibility within the legal legislation: that's, the matter of legal offences that permit a defendant to be convicted with no facts of fault. as a result of its strength to convict innocent individuals, strict legal responsibility is a hugely debatable phenomenon within the legal legislation. together with Anglo-American and ecu views, the contributions supply 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 felony law.

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In the course of a wide-ranging debate, I had hypothesized that one might distinguish the objections to strict liability in serious crimes from those applicable to regulatory offences. John quite rightly countered that, at least as things stand, the distinction was not at all clear-cut. But many other things were gained on that fascinating Saturday. At the invitation of Andrew von Hirsch, we had gathered under the auspices of the Centre for Penal Theory and Penal Ethics to discuss the moral and legal legitimacy of strict liability in the criminal law.

I suspect that many of us were wondering how much there really was to say; more particularly whether we would be able to sustain a largely unstructured conversation all the way to dinner. x) convicting a person who is blameless—and they seemed persuasive criticisms. Strict liability seemed obviously wrong, and perhaps there was little more to say. We need not have worried. 18 Moreover, at least in some guises, it could not always be dismissed as morally, let alone legally, illegitimate. There was a collective sense of unravelling: as the day progressed, our sense grew that what had seemed a straightforward problem for criminal-law theory comprised, instead, a variety of tangled and difficult issues, which needed careful separation and a great deal of further reflection.

Suppose that a statute criminalizes selling any book that contains descriptions of some specified unlawful activity, where the sale of the book must be intentional but there is no mens rea requirement going to the content of the book. A crime of this sort acts as a fetter on the activity of selling books. One may sell books, but only at the risk of randomly becoming a criminal. The sole way to guarantee that one avoids conviction is, as with Sir Peter, to retire. 24 Now selling milk is not a human right; but selling books may implicate the right of freedom of expression under Article 10 of the ECHR.

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Appraising Strict Liability by A. P. Simester

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