David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Philosophy Compass 4 (6):978-986 (2009)
The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is not. We must ask, therefore, whether, when and why strict criminal responsibility is unacceptable.
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References found in this work BETA
John Martin Fischer & Mark Ravizza (1998). Responsibility and Control: A Theory of Moral Responsibility. Cambridge University Press.
Aristotle (2012). Nicomachean Ethics. Courier Dover Publications.
R. Jay Wallace (1996). Responsibility and the Moral Sentiments. Harvard University Press.
Aristotle (1998). Nicomachean Ethics. Dover Publications.
Gary Watson (2004). Agency and Answerability: Selected Essays. Oxford University Press.
Citations of this work BETA
Luís Duarte D'Almeida (2012). 'O Call Me Not to Justify the Wrong': Criminal Answerability and the Offence/Defence Distinction. [REVIEW] Criminal Law and Philosophy 6 (2):227-245.
Luís Duarte D'Almeida (2012). 'O Call Me Not to Justify the Wrong': Criminal Answerability and the Offence/Defence Distinction. Criminal Law and Philosophy 6 (2):227-245.
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