Chapter

The Criminal Law's Ambivalence About Outcomes

Andrew Ashworth

in Crime, Punishment, and Responsibility

Published in print July 2011 | ISBN: 9780199592814
Published online September 2011 | e-ISBN: 9780191729034 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592814.003.0010
The Criminal Law's Ambivalence About Outcomes

Show Summary Details

Preview

This chapter examines Duff's views on the relative roles of culpability and outcomes in criminal liability, and particularly his claim that it is ‘natural’ to assess actions in terms of their impact on the world. It reviews some changing patterns of criminal liability, notably a revival of emphasis on culpability as the core of new offences. In particular, it considers a range of new offences and sentencing norms relating to the causing of death, raising questions about the circumstances in which the occurrence of death should be relevant to the label of the offence or to the quantum of sentence.

Keywords: culpability; outcomes; causing death; communicative theory; moral luck

Chapter.  7151 words. 

Subjects: Criminal Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.