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Agency and Responsibility: A Common-Sense Moral Psychology

Jeanette Kennett

Published in print:
2003
Published Online:
October 2011
ISBN:
9780199266302
eISBN:
9780191699146
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199266302.001.0001
Subject:
Philosophy, Moral Philosophy, Metaphysics/Epistemology

Is it ever possible for people to act freely and intentionally against their better judgement? Is it ever possible to act in opposition to one's strongest desire? If either of these questions are ... More


Criminal Law Theory: Doctrines of the General Part

Stephen Shute and Andrew Simester (eds)

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.001.0001
Subject:
Law, Criminal Law and Criminology

Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the ... More


Courage and Caution

Robert C. Roberts and W. Jay Wood

in Intellectual Virtues: An Essay in Regulative Epistemology

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199283675
eISBN:
9780191712661
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283675.003.0008
Subject:
Philosophy, Moral Philosophy

Courage and caution enable us to find our way among the threats, real and apparent, that we encounter in the course of our practices, sometimes circumventing these threats, sometimes facing them, and ... More


The Sequential Principle of Relative Culpability *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0008
Subject:
Law, Philosophy of Law

This chapter takes a modest step towards providing a theory of culpability by examining an important constraint that any such theory might be thought to satisfy. This constraint is referred to as the ... More


Willful Ignorance, Knowledge, and the ‘Equal Culpability’ Thesis: A Study of the Deeper Significance of the Principle of Legality

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0009
Subject:
Law, Philosophy of Law

This chapter examines the significance of the principle of legality in the context of the phenomenon of willful ignorance (or blindness). It begins by describing the culpable state of willful ... More


Prima Facie Moral Culpability

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0009
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Overall blameworthiness is seen as a function of two moral properties, wrongdoing and culpability. This chapter and the four next succeeding all deal with culpability. Prima facie moral culpability ... More


Responsibility for Harm

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0005
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter discusses the following issues: should results matter to the deserved measure of punishment and, if so, why? If they do matter, are there limits on liability to punishment for results ... More


If it Can't be Done Intentionally Can it be Tried?

Gideon Yaffe

in Attempts: In the Philosophy of Action and the Criminal Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199590667
eISBN:
9780191595530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199590667.003.0007
Subject:
Philosophy, Moral Philosophy, General

Some crimes cannot be completed with intent: a person who intends to kill has not committed a reckless or negligent homicide, but the distinct crime of intentional homicide. Can such crimes be ... More


Moral Failures and Moral Responsibility: Recklessness, Weakness, Compulsion

Jeanette Kennett

in Agency and Responsibility: A Common-Sense Moral Psychology

Published in print:
2003
Published Online:
October 2011
ISBN:
9780199266302
eISBN:
9780191699146
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199266302.003.0006
Subject:
Philosophy, Moral Philosophy, Metaphysics/Epistemology

This chapter argues against Watson's view that those who have the capacity for self-control need not always exercise it. It outlines the criteria for determining whether agents are weak or ... More


Criminalizing Medical Malpractice

Margaret Brazier and Neil Allen

in The Criminal Justice System and Health Care

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199228294
eISBN:
9780191711343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228294.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines the role that the criminal justice system does, and should play in ensuring accountability for medical malpractice. When are medical errors rightly crimes? If England and Wales ... More


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