Strict Liability pg 21 | The Illustrated Guide to Law

Posted on October 19, 2012 by Nathan

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There are now 5 comments... what are your thoughts?

Robert Montrose says

Lex iniusta non est lex: An unjust law is no law at all.

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- Dhamon says
  in reply to Robert Montrose
  
  Can we use that somehow?
  
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  - Silent-Hunter says
    in reply to Dhamon
    
    The problem there being they will claim said law isn’t unjust.
    
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  - Ipatrol (@ipatrol6010) says
    in reply to Dhamon
    
    Some German courts have invoked the concept on occasion. I would really love to see US courts rule that any criminal law that is facially and obviously unjust (not merely a bad idea, or bad law), regardless of any government power it claims to rely on, should be declared unconstitutional as a violation of the 8th Amendment.
    
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    - Luke says
      in reply to Ipatrol (@ipatrol6010)
      
      Isn’t that what jury nullification is?
      
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