Chapter

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/9780198257233.003.0009

Series: Oxford Monographs on Criminal Law and Justice

Criminal Fault

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This chapter begins with a discussion of judicial conceptions of fault. It then analyses theories on subjective and objective fault. The chapter considers the development of strict and vicarious liability, which is characterized as one of extensive – though not total – abdication by Legislature and Executive from the determination of the role fault should occupy in statutory offences.

Keywords: criminal law; subjective fault; constructive fault; liability

Chapter.  22934 words. 

Subjects: Criminal Law

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