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What Is Criminal Culpability?

Alexander Sarch

in Criminally Ignorant

Published in print:
2019
Published Online:
June 2019
ISBN:
9780190056575
eISBN:
9780190056605
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190056575.003.0003
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Chapter 2 aims to elucidate the concept of criminal culpability. Since the project of the book is to analyze, evaluate, and ultimately defend certain criminal law doctrines that impute mental states ... More


More about Culpability

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0009
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Chapter 8 suggested a formula for criminal culpability that had three elements. This chapter considers this proposal in a more leisurely way with a view to making culpability in criminal law theory a ... More


Law, Neuroscience, and Criminal Culpability

Lisa Claydon

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0009
Subject:
Law, Medical Law

This chapter examines the relationship between explanations of human behaviour drawn from neuroscientific imaging and the approach adopted by the criminal law to establishing the legal framework for ... More


Criminal Conduct and its Culpability

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0008
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter focuses on the notion of criminal culpability. It analyzes three outstanding problems in the law of attempts that reveal a great deal about culpability, about how we judge how wrong a ... More


Persons and Choices

Hyman Gross

in Crime and Punishment: A Concise Moral Critique

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644711
eISBN:
9780191738944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644711.003.0011
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

When judging culpability, is it possible that it is the person, rather than his conduct, that deserves the most attention? Conduct must of course be paid attention to first, for conduct constitutes ... More


Justifying Mitigation Morally

Jeremy Horder

in Provocation and Responsibility

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198256960
eISBN:
9780191681707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256960.003.0007
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter deals with explanations that have been given by leading commentators for the key justificatory characteristic of the doctrine of provocation, and with the concepts of anger that underpin ... More


Prosecution and Punishment

James C. Oleson

in Criminal Genius: A Portrait of High-IQ Offenders

Published in print:
2016
Published Online:
May 2017
ISBN:
9780520282414
eISBN:
9780520958098
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520282414.003.0006
Subject:
Sociology, Law, Crime and Deviance

This chapter describes the arrest and conviction rates of the index and control groups. The data are consistent with the differential detection and differential reaction hypotheses: index respondents ... More


Criminally Ignorant

Alexander Sarch

Published in print:
2019
Published Online:
June 2019
ISBN:
9780190056575
eISBN:
9780190056605
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190056575.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Criminally Ignorant: Why the Law Pretends We Know What We Don’t is about the legal fiction that we know what we don’t. If you bury your head in the sand rather than learn you’re committing a crime, ... More


The “Diva Of Death”: Maria Tarnovskaia and the Degenerate Slavic Soul

Louise McReynolds

in Murder Most Russian: True Crime and Punishment in Late Imperial Russia

Published in print:
2012
Published Online:
August 2016
ISBN:
9780801451454
eISBN:
9780801465901
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451454.003.0007
Subject:
History, Russian and Former Soviet Union History

This chapter details the crimes and trial of Maria Tarnovskaia. In February 1910, Tarnovskaia spent her second year in jail because her young lover, Nikolai Naumov, had shot Count Pavel Komarovskii, ... More


Unavowed Knowledge

George Pattison

in Kierkegaard and the Quest for Unambiguous Life: Between Romanticism and Modernism: Selected Essays

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199698677
eISBN:
9780191745553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698677.003.0009
Subject:
Religion, Philosophy of Religion, Theology

This chapter offers what is essentially a kind of thought-experiment in which we might begin to see how what we have been reading in Kierkegaard might help inform actual situations of moral and ... More


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