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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

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Six Senses of Strict Liability: A Plea for Formalism

Six Senses of Strict Liability: A Plea for Formalism

Chapter:
(p.1) 1 Six Senses of Strict Liability: A Plea for Formalism
Source:
Appraising Strict Liability
Author(s):

Stuart P. Green

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278510.003.0001

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 confusion; and thirdly, to recommend a particular, ‘formal’ sense of strict liability as the meaning that should be preferred. What is ultimately at stake here is more than just a point about terminological clarity. By exposing the inadequacy of the language used to describe the problem of moral deficiency in criminal law, the chapter shows not only the complexity of the problem but also, ultimately, to point the way to its possible solution.

Keywords:   strict liability, criminal liability, criminal law, moral deficiency

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