International records / OpenAlex research

Strict Liability and Criminal Responsibility: A Critique

There is broad and longstanding societal consensus that there should be no criminal punishment without moral blameworthiness. It is therefore a cardinal principle of most, if not all, civilized legal systems that no one should be held criminally guilty unless he is to some extent at fault (otherwise referred to as “no liability without fault”). Liability is expressed in terms of blame and harm calculation. The mere commission of a criminal act is not enough to constitute a crime. The theory of the law is that a criminal intent is a necessary ingredient in every indictable offence expressed in …