In this short paper, I shall answer the title's question first in the context of criminal law and then in the context of tort law. In that latter section I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus....

In this short essay, I argue that the pursuit of equality beyond equality before the law and a generous safety net is to be resisted. That pursuit tends to produce impoverishment and repression. And it is at odds with the pursuit of excellence, beauty, individuality, and achievement. A state of...