Chapter

Taking the Consequences

ANDREW ASHWORTH

in Action and Value in Criminal Law

Published in print December 1993 | ISBN: 9780198258063
Published online March 2012 | e-ISBN: 9780191681783 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258063.003.0005
Taking the Consequences

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The attraction of the subjectivist or the objectivist approach to outcome luck rests largely on intuitions about fairness. But there are supporting arguments that can be tested, and much of this chapter is devoted to an examination of the arguments invoked by objectivists in favour of the view that wrongdoers should ‘take the consequences’ — or not — of their conduct. Some objectivists place considerable emphasis on the concordance of their approach with popular sentiments and public opinion. If intuitions lie at the foundation of both the rival approaches, this will be a significant consideration. But this cannot be conclusive unless it is also claimed that moral and legal responsibility should follow popular sentiments even when they can be shown to harbour elements of irrationality.

Keywords: outcome luck; objectivism; subjectivism; fairness

Chapter.  9063 words. 

Subjects: Criminal Law

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