Strict Liability and the Paradoxes of Proportionality
Document Type
Article
Publication Date
9-7-2017
Abstract
This essay explores the case against strict liability offenses as part of the more general debate about proportional punishment. This debate takes on a very different look in light of a formal result derived by the authors elsewhere, that is briefly summarized and whose implications are pursued here. Traditional objections that consequentialists have mounted against the deontologists’/retributivists’ defense of proportionality fall by the wayside, but a new threat to the proportionality requirement replaces it: the ease with which any such requirement can be circumvented.
Keywords
strict liability, criminal law, proportionality, decision theory, social choice
Publication Title
Criminal Law and Philosophy
Repository Citation
Katz, Leo and Sandroni, Alvaro, "Strict Liability and the Paradoxes of Proportionality" (2017). All Faculty Scholarship. 2967.
https://doi.org/10.1007/s11572-017-9437-6