Abstract

The problem dealt with in this dissertation is the relation of responsibility to the criminal law of a liberal society. The primary aim of the work is the development of a theory of responsibility consonant with ordinary moral conceptions and the elucidation of the relation between such a theory and standards of liability as appropriate to a liberal society. ;The essay begins with the conception of criminal law as a social institution, i.e., as a purposeful human enterprise meaningful and fully comprehensible only in the context of social aims and values. Given this conception, I argue that the criminal law of a liberal society has a two-fold aim: it must ensure crime control and deal justly with each individual. This two-fold aim serves the ultimate, integrated goal of providing for personal freedom within a stable social order. ;The complex task of the criminal law in such a society requires careful consideration of and respect for individual responsibility. The body of the dissertation centers on the design of an integrated theory of responsibility and liability suited to the role of the law, with emphasis placed on development of a comprehensive model of responsibility. Particular attention is given to the superiority, from both moral and legal perspectives, of a model which focuses on the agent's capacity to conform to law, where 'capacity' is broadly understood as comprising faculties, abilities, and opportunities. The comprehensive theory of responsibility and the integrated theory of responsibility and liability are explicated through analysis and evaluation of central responsibility-conditions and related legal issues. The essay is, thus, both analytic and normative in substance and approach