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UPA Perpustakaan Universitas Jember

Is There a Case for Strict Liability?

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In this short paper, I shall answer the titleโ€™s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will notbe my principal focus. My conclusions will be that strict liability is never proper as thebasis for retributive punishment; that it is a very crude device for achieving deterrence through non retributive penalties; and that with respect to tort liability, it is best justified as a means of defining insurance categories

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