Appraising Strict Liability

by Simester, A. P.

• ISBN13: 9780199278510
• ISBN10: 0199278512
• Format: Hardcover
• Copyright: 2005-06-16
• Publisher: Oxford University Press

Summary

This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault. Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law. Including Anglo-American and European perspectives, the contributions provide a sustained and wide-ranging examination of the fundamental issues. The breadth and depth of the chapters combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

Author Biography

Andrew P. Simester is Professor of Legal Philosophy at the University of Nottingham and Senior Fellow of the Centre for Penal Theory and Penal Ethics, University of Cambridge. His main interests lie in the fields of jurisprudence, criminal law, and private law theory, and he has published in these areas in every major common law jurisdiction. He is the author of two leading criminal law textbooks, in the United Kingdom and New Zealand, and has edited a number of collections of essays.

Table of Contents

List of Contributors	xv
Six Senses of Strict Liability: A Plea for Formalism	1	(20)
Stuart P. Green
Is Strict Liability Always Wrong?	21	(30)
A. P. Simester
Wrongs and Faults	51	(30)
John Gardner
Strict Liability, Justice, and Proportionality	81	(24)
Douglas Husak
Whose Values Should Determine When Liability is Strict?	105	(20)
Jeremy Horder
Strict Liability, Legal Presumptions, and the Presumption of Innocence	125	(26)
R. A. Duff
Strict Liability and the Presumption of Innocence: An Expose of Functionalist Assumptions	151	(44)
Paul Roberts
Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights	195	(24)
G. R. Sullivan
Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience	219	(18)
Alan C. Michaels
Approaches to Strict and Constructive Liability in Continental Criminal Law	237	(48)
John R. Spencer
Antje Pedain
Index	285