Reconsidering the Relationship among Voluntary Acts, Strict Liability, and Negligence in Criminal Law

Social Philosophy and Policy 7 (02):84- (1990)
Abstract
This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is radically indeterminate, rife with internal contradictions, or an expression of the interests of a dominant economic class. And although, like Kelman, I believe that the freedom/determinism, act/character, and rule/principle dichotomies must ultimately be dealt with in order to have a completely satisfactory account of criminal law, I also believe that these dichotomies loom just as large in other areas of law and in normative theory generally. They are problems for Crits as well as for liberal-legalists. In any event, my intentions in undertaking this deconstructionist enterprise are modestly reformist, not revolutionary. I do not intend to shift any paradigms, but to work with well-established ones. I will assume that criminal law seeks to accomplish some blend of retributive response to and deterrence of culpable choices, choices to defy moral norms that are also legal norms. I will also assume that a culpable choice is one that reflects negatively on the values held by the chooser. Beyond these quite modest assumptions, I need not and will not venture in this paper, realizing, of course, that much has and can be written about the proper aims of punishment and the proper account of culpability
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 13,970
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA
Peter B. M. Vranas (2007). I Ought, Therefore I Can. Philosophical Studies 136 (2):167 - 216.
Similar books and articles
Joseph Raz (2010). Responsibility and the Negligence Standard. Oxford Journal of Legal Studies 30 (1):1-18.
Antony Duff (2009). Legal and Moral Responsibility. Philosophy Compass 4 (6):978-986.
Joseph Raz (2010). Responsibility and the Negligence Standard. Oxford Journal of Legal Studies 30 (1):1-18.
Christopher Kutz (2007). Causeless Complicity. Criminal Law and Philosophy 1 (3):289-305.
Analytics

Monthly downloads

Added to index

2010-08-31

Total downloads

53 ( #42,546 of 1,696,171 )

Recent downloads (6 months)

4 ( #137,977 of 1,696,171 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.