The Strictness of Strict Liability |
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Authors: | Michael S Moore |
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Institution: | 1.Charles Walgreen University Chair, Center for Advanced Studies,University of Illinois,Champaign,USA |
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Abstract: | This article conceptualizes what strict liability is in the criminal law. Four properties are found to be individually necessary, only jointly sufficient, for there to be the kind of moral blameworthiness that must underlie any just punishment: prima facie wrongdoing, absence of justification, prima facie culpability, and absence of excuse. Whenever criminal liability is imposed without the presence of one or more of these properties, the liabuility is said to be strict. |
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