Chapter

The Orthodox View of the Act Requirement and Its Normative Defence

Michael S. Moore

in Act and Crime

Published in print August 2010 | ISBN: 9780199599509
Published online September 2010 | e-ISBN: 9780191594656 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599509.003.0003
The Orthodox View of the Act Requirement and Its Normative Defence

More Like This

Show all results sharing this subject:

  • Jurisprudence and Philosophy of Law

GO

Show Summary Details

Preview

The orthodox view of the act requirement is that it requires that there be a willed bodily movement. Excluded by the requirement are omissions, states of mind, emotions, bad character, status, and involuntary bodily movements. The act requirement is seen as justified on moral grounds, not on utilitarian grounds. The moral ground is that our moral obligations are concerned more with what we do, and not what we fail to prevent or who we are (these last being the proper subjects of the virtues); and that punishment should only be for failures of obligation, not for failures of virtue.

Keywords: virtue; liberty; obligation; omissions; character; emotions

Chapter.  6435 words. 

Subjects: Jurisprudence and Philosophy of 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.