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Punishment

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/9780199207251.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter sets out and defends a version of retributivism that the book calls legal retributivism, and shows how it is untouched by the criticisms directed by consequentialists against moral ... More


Responsibility Without Awareness

George Sher

in Who Knew?: Responsibility Without Awareness

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195389197
eISBN:
9780199866724
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389197.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter presents a range of counterexamples to the searchlight view. In each example, the agent is unaware of some feature of an act that renders it wrong or foolish, yet still seems responsible ... More


Liability and the Limits of Self‐Defense

Jeff McMahan

in Killing in War

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199548668
eISBN:
9780191721045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548668.003.0004
Subject:
Philosophy, Moral Philosophy, Philosophy of Language

This chapter distinguishes among a variety of morally different types of threatening individual — for example, those who are culpable, those who are excused, those who are partially excused, those ... More


Mistake

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter examines the issue of how the accused who makes a mistake in self-defence should be dealt with in law. Two types of mistake are analysed: mistake about the existence of an imminent ... More


Epistemic Responsibility and Culpable Ignorance

José Medina

in The Epistemology of Resistance: Gender and Racial Oppression, Epistemic Injustice, and the Social Imagination

Published in print:
2013
Published Online:
January 2013
ISBN:
9780199929023
eISBN:
9780199301522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199929023.003.0004
Subject:
Philosophy, Feminist Philosophy, Metaphysics/Epistemology

This chapter elucidates the relationship between responsible agency and knowledge. I argue that responsible agency requires only minimal self-knowledge that need not include explanatory knowledge of ... More


Resultant Luck and Criminal Liability

Andrew Cornford

in The Structures of the Criminal Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199644315
eISBN:
9780191732249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644315.003.0003
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The problem of resultant moral luck — that is, the problem of whether and to what extent the results of an agent's actions should influence the blame or judgement that is due to her — is a familiar ... More


The Epistemic Dimensions of Control

Neil Levy

in Hard Luck: How Luck Undermines Free Will and Moral Responsibility

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601387
eISBN:
9780191729256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601387.003.0005
Subject:
Philosophy, Metaphysics/Epistemology

This chapter turns to the epistemic dimensions of control. It is argued that these conditions are very demanding: moral responsibility for an action requires that the agent understands that, and how, ... More


“The Most Heinous of all Crimes”: Reflections on the Structure of Homicide in Scots Law

Gerry Maher

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0024
Subject:
Law, Criminal Law and Criminology

This chapter discusses homicide offences and the factors driving the increased interest and activity on the law of homicide. It considers the main issues in the debates over the structure of homicide ... More


The Perverse Effect: Prolonging Civil Wars

Daniel Krcmaric

in The Justice Dilemma: Leaders and Exile in an Era of Accountability

Published in print:
2020
Published Online:
May 2021
ISBN:
9781501750212
eISBN:
9781501750236
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501750212.003.0004
Subject:
Political Science, Security Studies

This chapter investigates civil war duration and shows how culpable leaders respond to incentives to fight until the bitter end. It provides quantitative analysis that demonstrates civil wars last ... More


Responsibility for Complicity: A Minimum Threshold

Chiara Lepora and Robert E. Goodin

in On Complicity and Compromise

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199677900
eISBN:
9780191757273
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677900.003.0005
Subject:
Political Science, Political Theory

This chapter analyses what is minimally required in order for an agent to count as complicit with a wrongful act of another. Sharing the purposes of the principal wrongdoer is more than is minimally ... More


Culpability and Breach of Trust

Chris Heffer

in All Bullshit and Lies?: Insincerity, Irresponsibility, and the Judgment of Untruthfulness

Published in print:
2020
Published Online:
August 2020
ISBN:
9780190923280
eISBN:
9780190923327
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190923280.003.0008
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter sets out a framework for analyzing the relative culpability of the breach of trust represented by willfully insincere and/or epistemically negligent discourse. Given that blameworthiness ... More


Posthumanist Responsibility

David Wood

in Deep Time, Dark Times: On Being Geologically Human

Published in print:
2018
Published Online:
September 2019
ISBN:
9780823281367
eISBN:
9780823286010
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823281367.003.0007
Subject:
Philosophy, Philosophy of Science

The issue of responsibility in connection with global climate change is especially challenging. “I didn’t melt that glacier.” And yet, very likely “we” did, even though there is no collective “we” ... More


Classical and Christian Equivalents of Sin and Evil

Ronald Paulson

in Sin and Evil: Moral Values in Literature

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300120141
eISBN:
9780300135206
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300120141.003.0002
Subject:
Literature, Criticism/Theory

This chapter focuses on the Greek word used to translate the Hebrew chattat—hamartia, which refers to the missing of a mark with bow and arrow: a lack of skill, not a morally culpable act. One ... More


Culpable Causation

in Causation and its Basis in Fundamental Physics

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199936205
eISBN:
9780199367757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199936205.003.0008
Subject:
Philosophy, Philosophy of Science

This chapter turns attention to the top layer of causation, which addresses non-metaphysical aspects of causation. In particular, I consider the retrospective singular causal claims that are made in ... More


The Psychology of Culpable Causation

in Causation and its Basis in Fundamental Physics

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199936205
eISBN:
9780199367757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199936205.003.0009
Subject:
Philosophy, Philosophy of Science

This chapter illustrates the lesson of the previous chapter by sketching some heuristics for judging when some event is a singular cause of a chosen E. The guiding idea is that some C was culpable ... More


British Justice and the Lustful Mahant

France Bhattacharya

in Filing Religion: State, Hinduism, and Courts of Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199463794
eISBN:
9780199086849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199463794.003.0007
Subject:
Law, Constitutional and Administrative Law

The 1873 trial of the head of the Tarakeswar monastery is an example of the way British colonial justice dealt with criminal cases involving Hindu religious personalities in the last decades of the ... More


Enhanced Responsibility: Foreseeability and New Obligations to Others

Matthew L. Baum

in The Neuroethics of Biomarkers: What the Development of Bioprediction Means for Moral Responsibility, Justice, and the Nature of Mental Disorder

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190236267
eISBN:
9780190236281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190236267.003.0006
Subject:
Neuroscience, Behavioral Neuroscience

This chapter considers the intersection of bioprediction with foreseeability-grounded theories of moral responsibility. It illustrates how the development of predictive biomarkers of brain ... More


Tracing the Epistemic Condition

Matt King (ed.)

in Responsibility: The Epistemic Condition

Published in print:
2017
Published Online:
July 2017
ISBN:
9780198779667
eISBN:
9780191824715
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779667.003.0015
Subject:
Philosophy, Metaphysics/Epistemology, Moral Philosophy

Tracing is an explanatory strategy which proposes to explain responsibility for some present action (where a necessary condition on responsibility is missing) by tracing back to some past one (in ... More


Do the Right Thing: An Account of Subjective Obligation

Elinor Mason

in Oxford Studies in Normative Ethics, Vol 7

Published in print:
2017
Published Online:
November 2017
ISBN:
9780198808930
eISBN:
9780191846649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808930.003.0007
Subject:
Philosophy, Moral Philosophy

Subjective rightness (or ‘ought’ or obligation) seems to be the sense of rightness that should be action guiding where more objective senses fail. However, there is an ambiguity between strong and ... More


General Expectations II: Normative Defeat and Epistemic Propriety

Sanford C. Goldberg

in To the Best of Our Knowledge: Social Expectations and Epistemic Normativity

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198793670
eISBN:
9780191853203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793670.003.0007
Subject:
Philosophy, Metaphysics/Epistemology

This chapter develops an account of how our epistemic expectations of one another bear on epistemic assessment itself. It argues that a failure to live up to the epistemic responsibilities assigned ... More


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