Giles E. M. Gasper (ed.)
- Published in print:
- 2017
- Published Online:
- September 2018
- ISBN:
- 9780814724439
- eISBN:
- 9780814760642
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814724439.003.0009
- Subject:
- Religion, Religious Studies
This chapter examines Anselm of Canterbury, one of the most important thinkers in Christian history. In contrast to many who came before him, Anselm’s view of salvation did not consider the Devil to ...
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This chapter examines Anselm of Canterbury, one of the most important thinkers in Christian history. In contrast to many who came before him, Anselm’s view of salvation did not consider the Devil to be a major figure, but instead focused on humanity’s culpability and the atoning work of Christ in salvation.Less
This chapter examines Anselm of Canterbury, one of the most important thinkers in Christian history. In contrast to many who came before him, Anselm’s view of salvation did not consider the Devil to be a major figure, but instead focused on humanity’s culpability and the atoning work of Christ in salvation.
Stephanos Bibas
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9781479831548
- eISBN:
- 9781479801800
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479831548.003.0004
- Subject:
- Law, Criminal Law and Criminology
In this chapter, Stephanos Bibas responds to Rachel Barkow’s essay. He argues that the criminal law is supposed to be normatively distinctive, and contests Barkow’s primary conceptual move in which ...
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In this chapter, Stephanos Bibas responds to Rachel Barkow’s essay. He argues that the criminal law is supposed to be normatively distinctive, and contests Barkow’s primary conceptual move in which the penal apparatus loses its special status as an adjudicator of moral culpability and becomes just another agency like the Department of Health and Human Services. While acknowledging that the modern penal state has in practice lost much of its moral compass and connection to public values, this chapter argues that we should fight rather than embrace this trend, and attempt instead to “return [the system] to its roots as a popular morality play.” Bibas argues that we once had—and could have again—a more morally grounded, communitarian, and transparent model of criminal justice in which convictions are more tightly linked to individual culpability and community values.Less
In this chapter, Stephanos Bibas responds to Rachel Barkow’s essay. He argues that the criminal law is supposed to be normatively distinctive, and contests Barkow’s primary conceptual move in which the penal apparatus loses its special status as an adjudicator of moral culpability and becomes just another agency like the Department of Health and Human Services. While acknowledging that the modern penal state has in practice lost much of its moral compass and connection to public values, this chapter argues that we should fight rather than embrace this trend, and attempt instead to “return [the system] to its roots as a popular morality play.” Bibas argues that we once had—and could have again—a more morally grounded, communitarian, and transparent model of criminal justice in which convictions are more tightly linked to individual culpability and community values.
Walter Sinnott-Armstrong
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814771228
- eISBN:
- 9780814737828
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814771228.003.0006
- Subject:
- Political Science, Political Theory
This chapter addresses culpability and responsibility through a case study of Peder Tumkopf, whose brain tumor caused his pedophilic behaviors. The reporting doctors see this as “establishing ...
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This chapter addresses culpability and responsibility through a case study of Peder Tumkopf, whose brain tumor caused his pedophilic behaviors. The reporting doctors see this as “establishing causality” and conclude that his pedophilia was “a specific manifestation of orbitofrontal syndrome.” However, Peder is still criminally liable for his conduct. Most modern criminal law systems impose criminal liability and responsibility when and only when the agent does (1) a voluntary act (2) of a forbidden type (3) with a requisite mens rea (4) without an affirmative defense, such as insanity. Peder seems to meet these conditions of responsibility for two criminal acts: collecting child pornography and molesting his stepdaughter. He did an act of each of these two types, those acts were voluntary insofar as they resulted from conscious choices, they were also intentional and hence done with mens rea, and he had no affirmative defense, such as duress or insanity.Less
This chapter addresses culpability and responsibility through a case study of Peder Tumkopf, whose brain tumor caused his pedophilic behaviors. The reporting doctors see this as “establishing causality” and conclude that his pedophilia was “a specific manifestation of orbitofrontal syndrome.” However, Peder is still criminally liable for his conduct. Most modern criminal law systems impose criminal liability and responsibility when and only when the agent does (1) a voluntary act (2) of a forbidden type (3) with a requisite mens rea (4) without an affirmative defense, such as insanity. Peder seems to meet these conditions of responsibility for two criminal acts: collecting child pornography and molesting his stepdaughter. He did an act of each of these two types, those acts were voluntary insofar as they resulted from conscious choices, they were also intentional and hence done with mens rea, and he had no affirmative defense, such as duress or insanity.
Barry C. Feld
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814727775
- eISBN:
- 9780814770467
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814727775.003.0009
- Subject:
- Sociology, Law, Crime and Deviance
This introductory chapter briefly describes the transformation of police interrogation techniques for juveniles. In the beginning of the twentieth century the law characterized children as ...
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This introductory chapter briefly describes the transformation of police interrogation techniques for juveniles. In the beginning of the twentieth century the law characterized children as irresponsible and incompetent, rejected claims for procedural protections, and created a civil, rehabilitative system for young people in lieu of punitive criminal justice. By the end of the twentieth century however, lawmakers adopted policies that equated adolescents' culpability with that of adults. While the sanctions of juvenile courts may be less harsh than criminal sentences, the direct penalties and collateral consequences share similar penal elements. The chapter highlights the role of the Fifth Amendment of the U.S. Constitution in this transformation. It concludes with outlining the three analytical goals of the book.Less
This introductory chapter briefly describes the transformation of police interrogation techniques for juveniles. In the beginning of the twentieth century the law characterized children as irresponsible and incompetent, rejected claims for procedural protections, and created a civil, rehabilitative system for young people in lieu of punitive criminal justice. By the end of the twentieth century however, lawmakers adopted policies that equated adolescents' culpability with that of adults. While the sanctions of juvenile courts may be less harsh than criminal sentences, the direct penalties and collateral consequences share similar penal elements. The chapter highlights the role of the Fifth Amendment of the U.S. Constitution in this transformation. It concludes with outlining the three analytical goals of the book.
