By A. P. Simester

This publication is a set of unique essays delivering the 1st full-length attention of the matter of strict legal responsibility within the felony legislations: that's, the matter of felony offences that let a defendant to be convicted with no facts of fault. due to its power to convict innocent people, strict legal responsibility is a hugely debatable phenomenon within the legal legislation. together with Anglo-American and eu views, the contributions supply a sustained and wide-ranging exam of the basic matters. The breadth and intensity of the chapters mix to provide readers with a worldly research of where and legitimacy of strict legal responsibility within the legal law.

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A. Duff, Professor of Philosophy, University of Stirling. John Gardner, Professor of Jurisprudence, University of Oxford. Stuart P. Green, Professor of Law, Louisiana State University. Jeremy Horder, Porjes Foundation Fellow and Tutor in Law, Worcester College, and Reader in Criminal Law, University of Oxford. Douglas Husak, Professor of Philosophy, Rutgers University. Alan C. Michaels, Edwin M. Cooperman Designated Professor of Law, Moritz College of Law, Ohio State University. Antje Pedain, University Lecturer in Law, University of Cambridge, and Fellow of Magdalene College.

Can the approach of English criminal law be justified? In this volume the complexity of that question is laid bare. There are questions of definition, of fundamental moral and political principle, of human rights, of the implications of the presumption of innocence, of the need for this kind of offence (as compared with neighbouring countries), and many others. Some of the authors are persuaded of the justification for certain forms of strict liability in particular types of situation, but most of them argue against.

S. Notes: (1) One glaring example of this is Robert Schopp’s discussion of duress in Justification Defences and Just Convictions (Cambridge 1998) Ch. 5, where he argues that a defendant blamelessly acting under duress should receive a ‘vindicating’ conviction but no (further) punishment. (2) Cf. the contribution to this volume by John Spencer and Antje Pedain, Ch. 10. Indeed, one of the most powerful reasons for introducing a criminal code in England and Wales is the opportunity it may create to decriminalize many regulatory wrongs, by formally redesignating them as administrative violations.

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