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Fault and Guidance
From: Sovereignty, Restraint, and Guidance
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Chapter 10 argues that, inasmuch as criminal offences are intended to guide the conduct of members of the public, there is no intrinsic need to set out express fault requirements. Moreover, making them express threatens to compromise guidance by making it possible for citizens to game the law. Thus, courts have tended to interpret the fault requirement for criminal offences in a manner that resists such an impact on guidance.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).
