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Strict Liability of Law Philosophy - Coursework Example

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The paper "Strict Liability of Law Philosophy" discusses that adoption of laws on strict liability would help the purpose of the law that is avoiding the commission of something detrimental to society. The legislature has its own power and reason of how it defines public welfare…
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Strict Liability of Law Philosophy
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Download file to see previous pages The use of the strict liability is also justified on the ground on of adoption of legal policies which attains a socially desirable purpose which the legislative body has the sole prerogative to promote and protect in the pursuit of public welfare. Arguments for and against the thesis using decided cases and other author’s views will also be discussed and resolved any issues will follow on the basis of whether there is enough ground or to uphold the thesis of this paper.
Strict liability rule first is beneficial to society. In at least two decided cases this theory was clearly shown by the courts. The first is the case of United States V. Balint et al., 258 U.S. 250 (1922). The facts of the said case had it that “defendants demurred to the indictment on the ground that it failed to charge that they had sold the inhibited drugs knowing them to be such.” Since the statute did not make such knowledge an element of the offence, the district court sustained the demurrer and quashed the indictment, hence the issue in the present court. The court in the case said: “While the general rule at common law was that the scienter was a necessary element in the indictment and proof of every crime, and this was followed in regard to statutory crimes… there has been a modification of this view in respect to prosecutions under statutes the purpose of which would be obstructed by such a requirement. It is a question of legislative intent to be construed by the court. It has been objected that punishment of a person for an act in violation of the law when ignorant of the facts making it so, is an absence of the due process of law. But that objection is considered and overruled in Shevlin-Carpenter Co. v. Minnesota, 218 U. S. 57, 69, 70, and 30 Sup. Ct. 663, 666 (54 L. Ed. 930), in which it was held that in the prohibition or punishment of particular acts, the state may in the maintenance of a public policy provide that he who shall do them shall do them at his peril and will not be heard to plead in defense good faith or ignorance.” ...Download file to see next pagesRead More
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