Justification and Motivation

Criminal Law and Philosophy:1-14 (forthcoming)
  Copy   BIBTEX

Abstract

According to the motivational thesis (MT), we are justified in performing an action if and only if we perform that action for the right reason(s). Proponents of MT disagree about how it is best interpreted—about what count as reasons of the right kind. In _Fundamentals of Criminal Law_, Andrew Simester criticises an interpretation offered by John Gardner. Here, I explore some of Simester's reasons for objecting to that interpretation, and I argue—partly on the basis of those same reasons—that Simester's own interpretation of MT should be revised. I conclude with a preliminary defence of an alternative interpretation, which I call the tripartite view of justification.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,963

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Justification of Punishment in Authoritarian States.Hend Hanafy - 2022 - Criminal Law and Philosophy 17 (1):245-245.
Criminal Law Exceptionalism: Introduction.Christoph Burchard & Antony Duff - 2023 - Criminal Law and Philosophy 17 (1):3-4.
Reclamation: A Liberal Theory of Criminal Justice.Lindsey Jo Schwartz - 2023 - Criminal Law and Philosophy 17 (1):247-248.
The Wages of Criminal Law Exceptionalism.Alice Ristroph - 2023 - Criminal Law and Philosophy 17 (1):5-15.
The Remains of Exceptionalism in Criminal Law.Francesco Viganò - 2023 - Criminal Law and Philosophy 17 (1):71-81.
On the ‘Specialness’ of the Criminal Law.Matt Matravers - 2023 - Criminal Law and Philosophy 17 (1):49-59.
Is Criminal Law ‘Exceptional’?R. A. Duff & S. E. Marshall - 2023 - Criminal Law and Philosophy 17 (1):39-48.
The Voice of the Criminal Law.Michelle Madden Dempsey - forthcoming - Criminal Law and Philosophy:1-17.
Criminal Law Theory: Introduction.Mark Dsouza, Alon Harel & Re’em Segev - forthcoming - Criminal Law and Philosophy:1-4.

Analytics

Added to PP
2023-09-08

Downloads
12 (#1,086,317)

6 months
10 (#269,192)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

James Edwards
Oxford University

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references