Graduate studies at Western
Criminal Law and Philosophy 1 (3):289-305 (2007)
|Abstract||I argue, contrary to standard claims, that accomplice liability need not be a causal relation. One can be an accomplice to anotherâs crime without causally contributing to the criminal act of the principal. This is because the acts of aid and encouragement that constitute the basis for accomplice liability typically occur in contexts of under- and over-determination, where causal analysis is confounded. While causation is relevant to justifying accomplice liability in general, only potential causation is necessary in particular cases. I develop this argument through the example of the role of U.S. legal officials in abetting the acts of unlawful interrogation that have taken place since 2001. I also suggest that there may be a limited justification for ex post ratificatory accomplice liability|
|Keywords||Causation Complicity Accomplice liability Abu Ghraib Aid and encouragement Counterfactual and regularity theories of causation|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Jeff McMahan (2005). The Basis of Moral Liability to Defensive Killing. Philosophical Issues 15 (1):386–405.
Theodore M. Benditt (1982). Liability for Failing to Rescue. Law and Philosophy 1 (3):391 - 418.
Alex Broadbent (2009). Fact and Law in the Causal Inquiry. Legal Theory 15:173-191.
Shachar Eldar (2012). Holding Organized Crime Leaders Accountable for the Crimes of Their Subordinates. Criminal Law and Philosophy 6 (2):207-225.
Michelle Ciurria (2011). Complicity and Criminal Liability in Rwanda: A Situationist Critique. Res Publica 17 (4):411-419.
Larry May (2010). Complicity and the Rwandan Genocide. Res Publica 16 (2):135-152.
Robert Sullivan (2007). First Degree Murder and Complicity—Conditions for Parity of Culpability Between Principal and Accomplice. Criminal Law and Philosophy 1 (3):271-288.
Added to index2010-08-10
Total downloads19 ( #71,310 of 739,396 )
Recent downloads (6 months)2 ( #37,287 of 739,396 )
How can I increase my downloads?