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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


Medical Manslaughter: The Rise (and Replacement) of a Contested Crime?

Oliver Quick

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/9780199228294.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter considers the increase of, explanations for, and alternatives to prosecutions of health care professionals for manslaughter following fatal error. It begins by analysing arguments for ... More


Distraction and Negligence

Douglas Husak

in Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696796
eISBN:
9780191742293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696796.003.0006
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter examines Ashworth's reservations about punishing persons for harms caused negligently and contrasts this with the general acceptance of liability for recklessness. It looks at how the ... More


Recklessness and the Duty to Take Care

VICTOR TADROS

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter discusses recklessness and the duty to take care. Recklessness is concerned with risks, in particular the risk that the actus reus of a criminal offence will come about. Two of the ... More


Conclusion: Reckless people

Dominic Johnson

in Unlimited action: The performance of extremity in the 1970s

Published in print:
2019
Published Online:
May 2019
ISBN:
9780719091605
eISBN:
9781526141958
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719091605.003.0007
Subject:
Art, Visual Culture

The conclusion brings together underlying themes of the preceding chapters, under the conceptual problems posed by recklessness and impossibility as cultural logics. The reckless and the impossible ... More


Duff on Attempts

Larry Alexander

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0013
Subject:
Law, Criminal Law and Criminology

There is hardly any topic within the vast domain of crime and punishment on which Antony Duff has not commented, or at least commented with great intelligence. Among the doctrinal precincts of ... More


The Culpability of Negligence

Michael S. Moore and Heidi M. Hurd

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0018
Subject:
Law, Criminal Law and Criminology

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause, allow, or risk causing or allowing, such harm ... More


The Mental Element in Modern Criminal Law

Peter Ferguson QC

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/9780748640706.003.0020
Subject:
Law, Criminal Law and Criminology

The principle of mens rea is directed at answering any individual legal system's question: who deserves punishment? It is chiefly that point which is considered in this chapter in light of, first, ... 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


Criminal Liability in a Medical Context: the Treatment of Good Intentions

Andrew Ashworth

in Harm and Culpability

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260578
eISBN:
9780191682124
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260578.003.0016
Subject:
Law, Criminal Law and Criminology

When the criminal courts have to decide issues involving the conduct of medical practitioners, the general doctrines of the criminal law are sometimes subjected to considerable strain. The standard ... More


Ignorance of Law: A Philosophical Inquiry

Douglas Husak

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190604684
eISBN:
9780190604714
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190604684.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This book argues for the thesis that ignorance of law should usually be a complete excuse from criminal liability. This conclusion is defended by invoking two presumptions: first, the content of the ... More


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