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Strict Liability and Necessity in Grotius, Pufendorf, Smith, Kant, and Beyond

Strict Liability and Necessity in Grotius, Pufendorf, Smith, Kant, and Beyond AbstractThis article compares the views of Grotius and subsequent authors on the doctrines of necessity and strict liability. This comparison takes place at two levels. On the one hand, there is a comparison of the views of Grotius with those of Pufendorf, Smith, Kant and recent Kantian authors. On the other hand, there is a comparison between the doctrines of necessity and strict liability. This exercise leads to the conclusion that strict liability does not have to be a mere matter of choice opted for by positive law, but in some instances can also be thought of as a requirement of a private law framework expressing the fundamental moral equal freedom of man. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Grotiana Brill

Strict Liability and Necessity in Grotius, Pufendorf, Smith, Kant, and Beyond

Wauters, Bart
Grotiana , Volume 42 (1): 14 – Jul 1, 2021
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0167-3831
eISSN
1876-0759
DOI
10.1163/18760759-42010005
Publisher site
See Article on Publisher Site

Abstract

AbstractThis article compares the views of Grotius and subsequent authors on the doctrines of necessity and strict liability. This comparison takes place at two levels. On the one hand, there is a comparison of the views of Grotius with those of Pufendorf, Smith, Kant and recent Kantian authors. On the other hand, there is a comparison between the doctrines of necessity and strict liability. This exercise leads to the conclusion that strict liability does not have to be a mere matter of choice opted for by positive law, but in some instances can also be thought of as a requirement of a private law framework expressing the fundamental moral equal freedom of man.

Journal

Grotiana – Brill

Published: Jul 1, 2021

There are no references for this article.