Chapter

Objective and Constructive Criminal Fault

K. J. M. Smith

in Lawyers, Legislators and Theorists

Published in print October 1998 | ISBN: 9780198257233
Published online March 2012 | e-ISBN: 9780191681738 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257233.003.0005

Series: Oxford Monographs on Criminal Law and Justice

Objective and Constructive Criminal Fault

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The first part of this chapter demonstrates how several social and economic features combined both to bring objective fault out of the doctrinal shadows (principally the speedy advance of industrialization and the objectification of professional knowledge and skills). At the same time, other legal sentiments tended to confine its ambit, most especially the widespread attachment to the belief that the common law regarded criminal responsibility without some form of ‘guilty heart’ as aberrational. The second part discusses judicial conceptions of objective and constructive fault.

Keywords: criminal law; criminal responsibility; objective fault; constructive fault

Chapter.  15774 words. 

Subjects: Criminal Law

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