Topic

‘Can strict liability be justified, and if so when and why?’

Author/Academic

Jeremy Horder

Viewpoint

Examines the distinction between ‘true’ and regulatory crimes, giving examples of the activities which have been regulated through strict liability. Considers whether the regulation of intrinsically useful activities by strict liability is desirable and criticizes the under-use of negligence as a suitable alternative to no-fault liability.

Source

‘Strict liability, statutory construction and the spirit of liberty’ (2002) 118 LQR 458