To What Extent is it Justifiable to Deviate from Fundamental Essay

To What Extent is it Justifiable to Deviate from Fundamental Principles of Criminal Law by Creating Driving Offences of Strict Liability, in the Interests of Maintaining Road Safety - Essay Example Without an iota of doubt, it can be said that the concept of law, and for that purpose criminal law, has come to find a midpoint between these two schools of thoughts by setting principles that both give freedom to people to behave as individual beings and also protect the interest of other people. Typical examples of such rules and regulations that can be identified as directly catering for both the freedom of the bearer and the interest of the holder are driving laws on the possession of insurance and valid driver’s license by car users. Such laws are in place to ensure that as much as people have the freedom to drive any car of their choice, they also have the needed training and security that will put other road users at safety. Notwithstanding the presence of such road user laws, which have been inculcated into existing criminal laws, there are studies and case laws that suggest increases in driving offenses and road user related offenses. This essay has therefore been written to hold a debate on the justification in deviating from fundamental principles of criminal law to create driving offenses of strict liability that will be in place with the interest of maintaining road safety. There are a number of thematic legal arguments that can be developed from the question under discussion. These are considered thematic legal arguments because they seem to raise issues that could be given different legal interpretations, an analysis of which can lead to a successful conclusion on the justification of deviating from principles of criminal law by creating driving offenses of strict liability in the interest of maintaining road safety. These thematic legal arguments have thus been discussed as follows.