By A. P. Simester
This e-book is a set of unique essays delivering 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 out evidence of fault. as a result of its power to convict innocent individuals, strict legal responsibility is a hugely debatable phenomenon within the legal legislations. together with Anglo-American and ecu views, the contributions offer a sustained and wide-ranging exam of the basic concerns. The breadth and intensity of the chapters mix to offer readers with a worldly research of where and legitimacy of strict legal responsibility within the felony law.
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There are, however, at least three major problems with Husak’s approach. First, it assumes that there is a paradigm form of culpability for every offence. But the fact is that the elements of many offences are defined disjunctively, so that generalizations about moral character are very perilous. 54 In determining whether such an offence would allow a defendant to be convicted although his degree of fault was substantially less than the typical perpetrator of that offence, it is unclear exactly which formulation of the offence Husak would want us to consider.
P. Simester, 2005 The moral rights of the author have been asserted Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of HMSO and the Queen’s Printer for Scotland Database right Oxford University Press (maker) First published 2005 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization.
The underlying felony. But the mens rea required for non-constructive forms of strict liability (such as statutory rape) is not mens rea as to a crime. Indeed, it is not mens rea as to any form of wrongdoing. Rather, it is simply mens rea as to some defining element, such as, in the case of selling adulterated food or drugs, knowledge that one has sold food or drugs. Thus, once we consider non-constructive forms of strict liability, we can see how much broader the class of impure strict liability is than the class of pure strict liability.
Appraising Strict Liability by A. P. Simester