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Conclusion

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 1421 words.

The conclusion of Criminally Ignorant: Why the Law Pretends We Know What We Don’t provides an overview of the main takeaways from the book. At its broadest, this is a book about a common...

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Corporations Keeping Themselves in the Dark

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 15625 words.

Sometimes corporations keep themselves in the dark. This chapter argues that a corporation can incur culpability when its employees block themselves or others within the corporation from...

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Criminal Law Basics and the Willful Ignorance Doctrine

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 9944 words.

Chapter 1 sets the stage. The author’s starting point is the willful ignorance doctrine, since it is the source from which the author will eventually extract his general theory of equal...

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Criminally Ignorant

Alexander Sarch.

July 2019; p ublished online June 2019 .

Book. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 280 pages.

Criminally Ignorant: Why the Law Pretends We Know What We Don’t is about the legal fiction that we know what we don’t. If you bury your head in the sand rather than learn...

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Introduction

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 1614 words.

This introduction outlines the general questions to be investigated in Criminally Ignorant: Why the Law Pretends We Know What We Don’t and provides a roadmap of the arguments to come. The...

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Iterated Reckless Ignorance as a Substitute for Knowledge

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 9720 words.

Previous chapters have been concerned mainly with willful ignorance—which, paradigmatically, is to violate the duty to reasonably inform oneself about a suspected inculpatory proposition...

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The Philosophy of Criminal Law

Larry Alexander.

in The Oxford Handbook of Jurisprudence and Philosophy of Law

January 2004; p ublished online September 2012 .

Article. Subjects: Law; Jurisprudence and Philosophy of Law; Criminology. 26841 words.

This article presents the major philosophical issues within criminal law and their relationships to each other. It is concerned with legal punishment as the domain of criminal law. It...

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The Scope of the Willful Ignorance Doctrine (I)

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 12182 words.

Determining when the equal culpability thesis holds sets the boundaries in which the willful ignorance doctrine is to be applied. Chapter 3 thus considers the best existing attempts to...

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The Scope of the Willful Ignorance Doctrine (II)

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 15841 words.

This chapter argues that willful ignorance involves breaching a duty to reasonably inform oneself, and the equal culpability thesis holds when one breaches it in a sufficiently serious way...

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Substituting Willful Ignorance for Purpose?

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 9043 words.

Chapter 6 argued for moving beyond the existing willful ignorance doctrine by allowing some forms of nonwillful ignorance to substitute for knowledge. But where does it end? Chapter 7...

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Subwillful Motivated Ignorance

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 8650 words.

Chapter 7 dealt with the difficulties for equal culpability substitution at the top end of the mens rea hierarchy. The aim of Chapter 8 is to probe the limits of equal culpability...

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Toward a Normative Theory of Equal Culpability Imputation

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 17049 words.

This chapter aims to defend a general theory of equal-culpability-based imputation of mental states in the criminal law. The willful ignorance doctrine is one example of an equal...

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What Is Criminal Culpability?

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 30085 words.

Chapter 2 aims to elucidate the concept of criminal culpability. Since the project of the book is to analyze, evaluate, and ultimately defend certain criminal law doctrines that impute...

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