Australia[ edit ] The Australian Criminal Code Act of  defines strict liability and absolute liability in division 6. Tear a page, same book? This view conforms to our ordinary usage of identity terms and makes sense, prima facie, but is has some glaring problems. An often overlooked service that the government provides all businesses is the rule of law.
Do They Help Businesses?
The notion seemed ridiculous! Patent and trademark violations are punishable by heavy fines, and subject to civil actions that can be costly if the defendant loses the infringement case.
If words like "knowingly" or "wilfully" appear in the section, the inference is that Parliament intended a mens rea requirement in that section. Kantor, which concerned underage pornographic actress Traci Lordsthe Ninth Circuit Court of Appeals introduced a "good faith" defense against crimes in which the victim intentionally tricked the defendants into a factual mistake thinking that no crime was being committed.
Think of the example of the book again. If an object does change even slightly what does it mean for that object, person or not, to be the same? Also, certain other industrial offenses such as pollution tend to be enacted in terms of strict liability.
Any way you cut it the brain is of crucial importance when thinking about personal identity, it seems much more important than the body, as a whole.
One need not have a fixed memory or even a good one to be a person or a self on this account. If you lost an arm, are you still you?
The Securities and Exchange Commission has imposed strict regulations on initial public offerings of corporate stock, on the full disclosure requirements of a stock prospectus, and on the buying and selling of equities on the various stock exchanges under its oversight.
It seems like a linguistic convention to call Justin, Justin, at any given time. If we are not a bundle or collection of perceptions then what are we? Not to sound cliche but the concept of personal identity has baffled philosophers for centuries.
Supreme Court case inLeocal v. So where lies the problem? Where the liability arises under a statutethere has been considerable inconsistency, with different rules of construction in statutory interpretation producing varying assessments of the will of Parliament.To conclude we can justify strict liability for some criminal offences as, there are minor regulatory offences and there are serious true crimes.
justify society’s infliction of punishment. These theories are deterrence, retribution, just We use the word punishment to describe any-thing we think is painful; for example, we The Purpose of Criminal Punishment mint-body.com 1/30/04 PM Page 3.
It must be of an offender, actual or. Strict Liability By the end of this unit, you should be able to [AO1]: Clearly define what is meant by a strict liability offence, and explain why they exist.
Understand how the courts have interpreted the scope of liability for a strict liability offence. Describe the impact of the case of B v DPP on the law of strict liability. If we suddenly gave up on the notion of personal identity, or, if we were to fail to give a plausible account of it, we would be hard-pressed to justify both our moral and emotional responses to persons committing unethical acts against us or others.
Strict liability laws were created [where?] in the 19th century to improve working and safety standards in factories.
Needing to prove mens reas on the part of the factory owners was very difficult and resulted in very few prosecutions.Download