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

In: Grotiana
Author:
Bart WautersIE Law School / IE University, Segovia-Madrid, Spain, bart.wauters@ie.edu

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Abstract

This 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.

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