The strictness of strict liability

Research output: Contribution to journalArticle

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.

Original languageEnglish (US)
Pages (from-to)513-529
Number of pages17
JournalCriminal Law and Philosophy
Volume12
Issue number3
DOIs
StatePublished - Sep 1 2018

Fingerprint

liability
criminal law
penalty
Liability
Blameworthiness
Culpability
Punishment
Justification
Excuse
Criminal Law
Wrongdoing

Keywords

  • Ignorance of law
  • Negligence
  • Strict liability
  • Vicarious liability

ASJC Scopus subject areas

  • Philosophy
  • Law

Cite this

The strictness of strict liability. / Moore, Michael.

In: Criminal Law and Philosophy, Vol. 12, No. 3, 01.09.2018, p. 513-529.

Research output: Contribution to journalArticle

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