David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 33 (1):1-40 (2014)
Courts and commentators are notoriously puzzled about the mens rea standards for complicity. Accomplices intend to aid, but what attitude need they have towards the crimes that they aid? This paper both criticizes extant accounts of the mens rea of complicity and offers a new account. The paper argues that an intention can commit one to an event’s occurrence without committing one to promoting the event, or making it more likely to take place. Under the proposed account of the mens rea of complicity, an accomplice must have an intention that commits him to the crime’s occurrence, but need not commit him to making it more likely that the crime occurs. The paper traces the implications of this view both for several difficult complicity cases, and for ongoing debates among philosophers of action about the necessary and sufficient conditions of joint agency
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
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
No citations found.
Similar books and articles
Christopher Kutz (2007). Causeless Complicity. Criminal Law and Philosophy 1 (3):289-305.
Jacqueline A. Laing (1994). The Prospects of a Theory of Criminal Culpability: Mens Rea and Methodological Doubt. Oxford Journal of Legal Studies 14 (1):57-80.
Joseph Shaw (2006). Intention, Proportionality, and the Duty of Aid. American Catholic Philosophical Quarterly 80 (1):99-105.
A. David Kline (2006). On Complicity Theory. Science and Engineering Ethics 12 (2):257-264.
John Gardner (2007). Complicity and Causality. Criminal Law and Philosophy 1 (2):127-141.
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.
Keith Horton (2008). Transnational Medical Aid and the Wrongdoing of Others. Public Health Ethics 1 (2):171-179.
Wayne A. Davis (1984). A Causal Theory of Intending. American Philosophical Quarterly 21 (1):43-54.
Robert Audi (1991). Intention, Cognitive Commitment, and Planning. Synthese 86 (3):361 - 378.
J. L. A. Garcia (1990). The Intentional and the Intended. Erkenntnis 33 (2):191 - 209.
Randolph Clarke (2008). Autonomous Reasons for Intending. Australasian Journal of Philosophy 86 (2):191 – 212.
Added to index2012-12-09
Total downloads13 ( #123,286 of 1,102,505 )
Recent downloads (6 months)4 ( #85,420 of 1,102,505 )
How can I increase my downloads?