Chapter

Chance, Control, and Culpability

R. A. Duff

in Criminal Attempts

Published in print January 1997 | ISBN: 9780198262688
Published online March 2012 | e-ISBN: 9780191682384 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262688.003.0012

Series: Oxford Monographs on Criminal Law and Justice

Chance, Control, and Culpability

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This chapter examines the issue of luck and culpability in relation to the subjectivist argument that liability in criminal attempts should be determined by choice. It analyses subjectivist distinctions between control, luck, and chance, and discusses the argument that actual outcomes of actions are always a matter of luck or chance. It suggests that the mere fact than an action's outcome was partly a matter of luck is usually not taken to preclude crediting or discrediting the agent that caused the outcome.

Keywords: luck; culpability; criminal liability; criminal attempts; choice; control; chance

Chapter.  11102 words. 

Subjects: Criminal Law

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