Chapter

More about Culpability

Hyman Gross

in Crime and Punishment

Published in print January 2012 | ISBN: 9780199644711
Published online May 2012 | e-ISBN: 9780191738944 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644711.003.0009
More about Culpability

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Chapter 8 suggested a formula for criminal culpability that had three elements. This chapter considers this proposal in a more leisurely way with a view to making culpability in criminal law theory a more intelligible notion. It argues that criminal culpability does not call for feelings of guilt, though it is clear that those feelings will be appropriate on many occasions of criminally culpable conduct because the crime also constitutes a moral wrong. Criminal culpability has to do with control over those aspects of conduct that might loosely be called endangerment, a notion that puts the stress on the harm the criminal law is purporting to deal with, be it real or imaginary, self-evident or speculative, threatened or experienced.

Keywords: criminal culpability; crime; criminal law; guilt; moral wrong

Chapter.  6277 words. 

Subjects: Criminal Law

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