Jump to ContentJump to Main Navigation

You are looking at 1-20 of 96 items

  • Keywords: criminal liability x
Clear All Modify Search

View:

General Principles of Criminal Law

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0007
Subject:
Law, Legal History

This chapter discusses the general principles of criminal law. It considers common fault concepts together with the substance and structure of general defences. Criminal fault represents the most ... More


Distributive Principles of Criminal Law: Who Should be Punished How Much

Paul H. Robinson

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.001.0001
Subject:
Law, Criminal Law and Criminology

The rules governing who will be punished and how much determine a society's success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the ... More


Excluding Fault from Criminal Responsibility: Strict and Vicarious Liability: Quasi-criminal or Regulatory Offences?

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0008
Subject:
Law, Legal History

In stark contrast with practically every other area of criminal law development during the 19th century, strict and vicarious liability were subject to scarcely any extrajudicial commentary or ... More


Approaches to Strict and Constructive Liability in Continental Criminal Law

John R. Spencer and Antje Pedain

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter explores the Continental position with a view to explaining the differences and similarities identified. Focusing on the French and German systems, the first part describes the doctrinal ... More


Is Strict Liability Always Wrong?

A. P. Simester

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0002
Subject:
Law, Criminal Law and Criminology

The imposition of strict liability in the criminal law is widely thought by scholars to be unjustified. This chapter argues that it is wrong to convict the blameless of stigmatic crimes. We would be ... More


Strict Liability and the Presumption of Innocence: An Exposé of Functionalist Assumptions

Paul Roberts

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the conceptual, jurisprudential, and moral foundations of the argument for functional quivalence between strict criminal liability and procedural doctrines implicating the ... More


‘Since the days of Noah’:1 the Law of Intoxicated Offending

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the law on intoxicated offending, according to which incapacity resulting from intoxication by alcohol or drugs can form the basis for imputed criminal liability. The first of ... More


Defining Crimes: Essays on The Special Part of the Criminal Law

R.A. Duff and Stuart Green (eds)

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.001.0001
Subject:
Law, Criminal Law and Criminology

This collection of essays, tackles a range of issues about the criminal law's ‘special part’ — the part of the criminal law that defines specific offences. One of its aims is to show the importance, ... More


Six Senses of Strict Liability: A Plea for Formalism

Stuart P. Green

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter has three goals: first is to survey the various meanings that have been ascribed to the term ‘strict liability’; secondly, to show why such proliferation of meanings leads to conceptual ... More


Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights

G. R. Sullivan

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter considers whether laws and practice relating to strict liability offences have been affected by the incorporation of the ECHR into domestic English law, following the passing of the ... More


Euthanasia Under the Criminal Law

Margaret Otlowski

in Voluntary Euthanasia and the Common Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298687
eISBN:
9780191685507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298687.003.0002
Subject:
Law, Medical Law

This chapter examines the present state of criminal law in the United Kingdom and other common law jurisdictions regarding the practice of active and passive euthanasia. Despite the similarities ... More


Strict Liability, Legal Presumptions, and the Presumption of Innocence

R. A. Duff

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter begins with a discussion of the four varieties of strict liability. These are that liability can be both legally and morally non-strict; liability can be both legally and morally strict; ... More


Rules of Conduct: Doctrines of Criminalization

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0012
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter examines the community's views on doctrines of criminalization, which answer the question: what conduct should be prohibited? A complete statement of law's prohibitions includes not just ... More


Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience

Alan C. Michaels

in Appraising Strict Liability

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the American answer to the question: when is strict liability constitutional? and the possible lessons for English law as the Human Rights Act 1998 gives it “a source of ... More


Crime and Punishment: A Concise Moral Critique

Hyman Gross

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral ... More


Deterrence as a Distributive Principle

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines deterrence as a distributive principle. It argues that a deterrence-based distribution potentially can forfeit any crime-control gains when that distribution undermines the ... More


Corporate Crime, Overcriminalization, and the Failure of American Public Morality

Jeffrey S. Parker

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0019
Subject:
Political Science, American Politics

This chapter discusses corporate crime and overcriminalization. It first discusses the concept of corporate crime and its historical background. Corporate crimes include entity criminal liability, ... More


Resultant Luck and Criminal Liability

Andrew Cornford

in The Structures of the Criminal Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199644315
eISBN:
9780191732249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644315.003.0003
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The problem of resultant moral luck — that is, the problem of whether and to what extent the results of an agent's actions should influence the blame or judgement that is due to her — is a familiar ... More


Competing Conceptions of Desert: Vengeful, Deontological, and Empirical

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines desert as a distributive principle. It considers the three conceptions of desert evident in the present debates over the propriety of desert as a distributive principle: ... More


Recklessness and the Duty to Take Care

VICTOR TADROS

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter discusses recklessness and the duty to take care. Recklessness is concerned with risks, in particular the risk that the actus reus of a criminal offence will come about. Two of the ... More


View: