Introduction to Law

addresses the issue why the law is what it is. The brief answer is that according to the law of many jurisdictions, including th ...

Deep Pocket Theory Placing liability on someone other than the tortfeasor also has an advantage for the victim who suffered the ...

owner of a car creates the risk that the car will cause damage, even if the owner is not driving, and is not at fault in a parti ...

6.6.2 Traffic Liability 6.6.2.1 The Regime of the Dutch Road Traffic Act Pursuant to Section 185 of the Dutch Road Traffic Act ( ...

Contributory negligence or fault occurs if the damage to the victim is not only caused by the damage-causing act or event, but a ...

This rule of strict liability for damages caused by a dangerous or broken object is so important in French tort law that it has ...

Sections 2 and 3 make clear that the protection of the human body and mind goes further than the protection of property rights s ...

6.8 Some Conclusions: Who Is My Neighbor in Law? In the introduction, it was stated that tort law is about finding the criteria ...

Criminal Law 7 Johannes Keiler, Michele Panzavolta, and David Roef 7.1 Introduction: The Nature and Function of Criminal Law Joh ...

Humans have always construed societies dependent on some social order and have developed rules to assure the continuity of that ...

circumscribing their scope and boundaries. Criminal law protects property by prohibiting unlawful appropriation, theft for insta ...

like in the example given above. We have purposely left out any questions regard- ing the more complex scenario of the liability ...

The Minimalist Principle Fundamental in this connection is the minimalist principle, which holds that criminal law should only b ...

The principle was initially designed to prevent the criminalization of conduct exclusively based on moral or paternalistic groun ...

7.3.1 Utilitarian Theories Consequentialism According to Jeremy Bentham’s classical utilitarianism, laws should be used to maxim ...

7.3.2 Retributive Theories The counterpart to utilitarian goals of punishment is retribution. According to retributive theories, ...

7.4 The Structure of a Crime 7.4.1 The Actus Reus and Mens Rea Dichotomy Although penal laws differ greatly from country to coun ...

7.4.2 Two Frameworks for Assessing Criminal Liability 7.4.2.1 The Bipartite Structure of Crime Criminal liability is often asses ...

generally assumed. Only if exceptional circumstances present themselves, wrong- doing or blameworthiness might be negated. A suc ...

generally agree that the imposition of criminal liability requires at the very least some form of conduct controlled by the perp ...