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Strict Liability, Justice, and Proportionality *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0007
Subject:
Law, Philosophy of Law

This chapter tries to identify whether and under what conditions strict liability in the penal law is morally objectionable or unobjectionable. It argues that liability without fault for one or more ... More


Total Liability for Excessive Harm

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0006
Subject:
Law, Comparative Law

This chapter proposes a novel form of the negligence rule known as total liability for excessive harm to address situations in which several injurers cause harm and the court can verify the total ... More


Theory and Forms of Liability without Personal Misconduct

Christian Von Bar

in The Common European Law of Torts: Volume Two

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298397
eISBN:
9780191685439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298397.003.0003
Subject:
Law, EU Law

In addition to an individual's personal blameworthiness, other reasons, such as force majeure and unavoidability of circumstances, may also play a role in the occurrence of damages to another ... More


Implementing the Community Environmental Liability Directive: Genetically Modified Organisms and the Problem of Unknown Risk

Christopher Rodgers

in The Regulation of Genetically Modified Organisms: Comparative Approaches

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199542482
eISBN:
9780191594342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542482.003.0009
Subject:
Law, Environmental and Energy Law

This chapter assesses the role for environmental liability in the context of the GMOs, with emphasis on the provisions of the Community Environmental Liability Directive. It commences with ... More


Appraising Strict Liability

Andrew Simester (ed.)

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.001.0001
Subject:
Law, Criminal Law and Criminology

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more ... More


Strict Liability, Justice, and Proportionality

Douglas Husak

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/9780199278510.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter begins by describing an outrageous case of strict liability in the criminal law. The case illustrates the importance of a distinction between two conceptions of what strict liability is. ... More


The morality of strict tort liability

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0007
Subject:
Law, Competition Law

This chapter argues that strict liability in torts is both defensible and central to all forms of tort liability. For example, the rule that injurers can be penalised only when they are at fault can ... 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


Roman Rationale of the Civilian Distinction

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0004
Subject:
Law, Comparative Law, Law of Obligations

This chapter seeks to verify the hypothesis put forward at the end of the previous chapter. After looking at the concepts of dolus, culpa and casus, the chapter provides a systematic argument for 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


Fault and strict liability

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0012
Subject:
Law, Law of Obligations, Philosophy of Law

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 ... 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


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


The Amount of Criminal Law

Douglas Husak

in Overcriminalization: The Limits of the Criminal Law

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195328714
eISBN:
9780199869947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328714.003.0001
Subject:
Philosophy, Moral Philosophy

The size and scope of the criminal law have undergone a remarkable expansion in the past few decades. This expansion has led to unprecedented levels of punishment, much of it unjust. This chapter is ... More


English Law and the Civilian Division of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0008
Subject:
Law, Comparative Law, Law of Obligations

This penultimate chapter examines the way in which English law could, and arguably should, draw on the experience of the civilian tradition to restructure its law of civil wrongs. The starting point ... 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


Strict Liability

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0010
Subject:
Law, EU Law

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 ... 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


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


The economic analysis of torts

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0013
Subject:
Law, Law of Obligations, Philosophy of Law

Chapter 11 argues that all liability rules have an element of strict liability at their core. If this argument is correct, there may be no defense of the fault principle that is not also a defense of ... More


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