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Indirect Crimes

Law and Philosophy 32 (4):485-514 (2013)

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  1. Complicity and causality.John Gardner - 2007 - Criminal Law and Philosophy 1 (2):127-141.
    This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.
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  • It Makes no Difference Whether or Not I Do It.Jonathan Glover & M. Scott-Taggart - 1975 - Aristotelian Society Supplementary Volume 49 (1):171 - 209.
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  • It Makes No Difference Whether or Not I Do It.Jonathan Glover & M. Scott-Taggart - 1975 - Aristotelian Society Supplementary Volume 49 (1):171-210.
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  • Causeless complicity.Christopher Kutz - 2007 - Criminal Law and Philosophy 1 (3):289-305.
    I argue, contrary to standard claims, that accomplice liability need not be a causal relation. One can be an accomplice to another’s 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 (...)
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