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Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy
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Appraising Strict Liability (Hardcover, New)
Loot Price: R1,862
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Appraising Strict Liability (Hardcover, New)
Series: Oxford Monographs on Criminal Law and Justice
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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
elements of the actus reus, there is no need for the prosecution to
prove a corresponding mens rea or fault element. For example, in
the 1986 case of Storkwain, the defendant chemists were convicted
of selling controlled medicines without prescription simply upon
proof that they had in fact done so. It was irrelevant that they
neither knew nor had reason to suspect that the 'prescriptions'
they fulfilled were forgeries. Thus strict liability offences have
the potential to generate criminal convictions of persons who are
morally innocent. Appraising Strict Liability is a collection of
original contributions offering the first full-length consideration
of the problem of strict liability in the criminal law. The
chapters, including European and Anglo-American perspectives,
provide a sustained and wide-ranging examination of the fundamental
issues. They explore the definition of strict liability; the
relationship between strict liability and blame, and its
implications for the requirement for culpability in criminal law;
the relevance of European and human rights jurisprudence; and the
interaction between substantive rules of strict liability and
evidential presumptions. The breadth and depth of the contributions
combine to present readers with a sophisticated analysis of the
place and legitimacy of strict liability in the criminal law.
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