Strict Liability and the Purpose of Punishment
Journal
New Criminal Law Review
ISSN
1933-4192
ISSN-Digital
1933-4206
Type
journal article
Date Issued
2020-11-27
Author(s)
Abstract (De)
The main argument of this article is that only a clear conception of the purpose of punishment can orient the debate about the positioning of the fault requirement and strict liability doctrine in criminal law. A categorization of the varieties of strict liability offenses, as well as an adequate model for normatively appraising the legitimacy of these deviations from the principle of culpability, should be based on a systematic analysis of criminal law’s role and function in society. As is argued, the original purpose of criminal law consists in the stabilization of norms by means of punishment. Taking up that finding, this work provides a detailed view of the distinct mechanism of placing blame, allowing for the presentation of a clear scheme for categorizing and appraising the variety of strict liability offenses. It is stated that offenses substantively deviating from the standard mechanism of placing blame can potentially result in over-punishment, which is dysfunctional and not justifiable. Properly placing blame is essential for the appropriate fulfillment of criminal law’s purpose in society. Therefore, the claim of the principle of culpability and critiques of strict liability doctrine find their basis not only in considerations of fairness, but also social necessity. By presenting a systematic categorization of strict liability offenses, this research offers a clear approach to a frequently discussed doctrine and establishes new arguments against its legitimacy.
Language
English
HSG Classification
contribution to scientific community
HSG Profile Area
LS - Business Enterprise - Law, Innovation and Risk
Refereed
Yes
Publisher
University of California Press
Volume
Vol. 23
Number
No. 4
Start page
516
End page
564
Pages
49
Subject(s)
Division(s)
Eprints ID
261554
File(s)![Thumbnail Image]()
Name
Simmler_Strict Liability and the Purpose of Punishment_New Crimininal Law Review.pdf
Size
355.39 KB
Format
Adobe PDF
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