Strict Liability vs. Responsabilità Oggettiva. The Hart-Wootton Debate
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Abstract
In this article I consider the debate on strict liability between the English judge Barbara Wootton and the philosopher H. L. A. Hart. Lady Wootton proposed abolishing the "mens rea" requirement for criminal responsibility and attributing liability only for one's outward conduct. I deal with various types of strict liability and compare them with the so-called "responsabilità oggettiva". I then consider and discuss Hart's criticisms to Lady Wootton's stance and to "strict liability" in general.
Keywords
- Strict Liability
- Mens Rea
- Responsibility
- Hart
- Wootton
