Chapter

Does Criminal Liability Require an Act?

Douglas Husak

in The Philosophy of Criminal Law

Published in print March 2010 | ISBN: 9780199585038
Published online May 2010 | e-ISBN: 9780191723476 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199585038.003.0002
 							Does Criminal Liability Require an Act?

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This chapter argues against the claim that criminal liability is and ought to be imposed only for an act. No persuasive argument for this claim has yet been given. As an alternative, it suggests that criminal liability is and ought to be imposed only for states of affairs over which persons exercise a sufficient degree of control. It explores the advantages of this alternative principle for the justifiability of status criminality and the punishment of mental states.

Keywords: act; voluntariness; omission; status; liability; responsibility; agency

Chapter.  20565 words. 

Subjects: Jurisprudence and Philosophy of Law

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