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Tuesday, July 28, 2020 | History

6 edition of Appraising Strict Liability (Oxford Monographs on Criminal Law and Justice) found in the catalog.

Appraising Strict Liability (Oxford Monographs on Criminal Law and Justice)

by A. P. Simester

  • 148 Want to read
  • 2 Currently reading

Published by Oxford University Press, USA .
Written in English


The Physical Object
Number of Pages298
ID Numbers
Open LibraryOL7404913M
ISBN 100199278512
ISBN 109780199278510

Below is a summary of the book’s second chapter, “Theories of Liability.” To read the chapter in its entirety, open the PDF at the bottom of this page. If you have any questions and would like to speak with an Atlanta, Georgia trucking accident attorney, contact Fried Goldberg LLC today. Know what “strict products liability” means and how it differs from the other two products-liability theories. (Reference mayer_ch11 not found in Book)bankruptcy in and shucked its liability. It is much simpler to regard the liability here stated as merely one of strict liability in tort.

Strict Liability for Criminal Offences in England and Wales following Incorporation into English Law of the European Convention on Human Rights. In Appraising Strict Liability. Simester, A.P. Oxford New York: Oxford University Press. Sullivan, G.R. (). Private Commercial Bribery: The Legal Response in England and Wales. "Strict Liability, Justice, and Proportionality," in A.P. Simester, ed: Appraising Strict Liability (Oxford University Press, ), pp "How Rights Constrain Drug Policy," in Xabier Arana, Douglas Husak and Sebastian Scherrer, eds: Globalizacion y Drogas: Politicas Sobre Drogas, Derechos Humanos y Reduccion de Riesgos (Dykinson.

"Although Richard Epstein's theory of strict liability explains many aspects of contemporary tort law better than some more fashionable theories, nevertheless it ought to be viewed as primarily normative in character. His version of strict liability is an attempt to base the prima facie case in a tort action solely on causal grounds. He then proceeds to develop some very striaghtforward .   " See e.g. A.P. Simester, ‘Is Strict Liability Always Wrong?’ in A.P. Simester (ed.), Appraising Strict Liability (Oxford: Oxford University Press, ), especially at 25– For further discussions of strict liability see the other essays in the Appraising Strict Cited by:


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Appraising Strict Liability (Oxford Monographs on Criminal Law and Justice) by A. P. Simester Download PDF EPUB FB2

Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law. Including Anglo-American and European perspectives, the contributions provide a sustained and wide-ranging examination of the fundamental issues.5/5(2). Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law.

Including Anglo-American and European perspectives, the contributions provide a sustained and wide-ranging examination of the fundamental : A. Simester.

Oxford Monographs on Criminal Law and Justice. Description. This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault.

Appraising Strict Liability A. Simester This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault.

Strict liability is a controversial phenomenon in the criminal law because Appraising Strict Liability book 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.

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.

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.

Appraising Strict Liability. Oxford University Press () This book is a collection of original essays offering the first full-length consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of ries: Criminal Law in Philosophy of.

Appraising strict liability. A Simester. ‘Is strict liability always wrong. Add to My Bookmarks Export citation.

Type Book Author(s) A. Simester Date Publisher Oxford University Press Pub place Oxford ISBN eBook. Access the eBook. Open eBook in new window. This item appears on. 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.5/5(2).

The article is a review of A.P. Simester, ed., Appraising Strict Liability. We strongly recommend the book for the sophistication of the contributors’ analyses, and the contribution the book makes to clarifying the normative issues at stake in strict liability legal regimes.

The review focuses on the more philosophical essays in the : Roger A. Shiner, Jeremy Hoemsen. Appraising strict liability. Summary: Presents a collection of essays offering consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault.

The article is a review of A.P. Simester, ed., Appraising Strict Liability. We strongly recommend the book for the sophistication of the contributors’ analyses, and the. Simester (ed): Appraising Strict Liability. The article is a review of A.P. Simester, ed., Appraising Strict Liability.

We strongly recommend the book for the sophistication of the contributors’ analyses, and the contribution the book makes to clarifying the normative issues at stake in strict liability legal regimes. The review focuses on the more philosophical essays in the book.

Subsequent chapters set forth various tests for strict liability and critique the negligence-efficiency theory. Turning to a discussion of contemporary practice, Vandall sets out the present scope of strict liability and asserts that a case can be made for the extension of strict liability far beyond the area of products by: 5.

Appraising strict liability. [A P Simester;] -- "Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of. The imposition of strict liability in the criminal law is widely thought by scholars to be unjustified.

This chapter argues that it is wrong to convict the blameless of stigmatic crimes. We would be right to object to the enactment of a strict liability homicide offence Author: A.

Simester. What is needed if strict liability is to be vindicated, it would seem, is a non-consequentialist justification. My focus will be the fine new collection, Appraising Strict Liability edited by Andrew Simester, and in particular two of its themes.

Prompted by the volume, I plan to re-examine the proposition that lies at the heart of opposition to Cited by: 3. Strict Liability for Criminal Offences in England and Wales Following Incorporation Into English Law of the European Convention on Human Rights.

Sullivan - - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University : A. Simester. preclude strict liability depends on “whether the manufacturer could have reasonably expected or foreseen such an alteration of its product.” Id. (citing Eck v.

Powermatic Houdaille, Div., A.2d‐19 (Pa. Super. )). This standard accords with Tincher’s recognition of negligence concepts in strict liability.

See Nelson Size: KB.Roberts, P, 'Strict Liability and the Presumption of Innocence', in A Simester (ed), Appraising Strict Liability ().

Robertson, G, Freedom, the Individual and the Law (7th edn, ). Robinson, P, 'Criminal Law Defences: A Systematic Analysis' () 82 Col LR Ch. Strict liability: Ryland V. Fletcher, Exceptions 26 Scienter action Ch. Vacarious Liability- Liability of the Master 29 2. Independent Contractor 3.

Joint Tort-feasors Ch. Defamation- Definition 34 2. Essentials 3. Slander and libel Size: KB.