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Appraising Strict Liability$
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Andrew Simester

Print publication date: 2005

Print ISBN-13: 9780199278510

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199278510.001.0001

Wrongs and Faults

Chapter:
(p.51) 3 Wrongs and Faults
Source:
Appraising Strict Liability
Author(s):

John Gardner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278510.003.0003

This chapter begins with a discussion of ‘the elementary moral distinction’. It then considers lives and wrongs, people and faults, fault-anticipating wrongs, and the fault principle. It argues that moral philosophy has lost sight of the need to rely on the deservedness of punishment to explain punishment's meanings and consequences. In the process it has lost sight of the need to explain, in a way that does not depend on punishment's meanings or consequences, why the only actions that deserve to be punished are both wrongful and blameworthy (two different and only very obliquely related properties).

Keywords:   fault principle, criminal law, moral philosophy, punishment

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