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Double Effect and the Criminal Law

Sarch, Alexander (2017) Double Effect and the Criminal Law Criminal Law and Philosophy, 11. pp. 453-479.

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Abstract

American criminal law is committed to some version of the doctrine of double effect (“DDE”). In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular feature of the former in virtue of which it is pro tanto more culpable than the latter. Providing an agent-centered argument of this kind for a culpability version of DDE, I argue, is an especially attractive route to take for those who are interested in vindicating the way the criminal law actually encodes DDE. © 2015 Springer Science+Business Media Dordrecht

Item Type: Article
Subjects : Law
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
NameEmailORCID
Sarch, Alexandera.sarch@surrey.ac.ukUNSPECIFIED
Date : 15 September 2017
Identification Number : 10.1007/s11572-015-9380-3
Copyright Disclaimer : Copyright 2017 Kluwer Academic Publishers
Uncontrolled Keywords : Criminal law, Culpability, Doctrine of double effect, Intention, Means principle, Treason
Related URLs :
Depositing User : Symplectic Elements
Date Deposited : 16 May 2017 15:37
Last Modified : 10 Nov 2017 15:36
URI: http://epubs.surrey.ac.uk/id/eprint/820918

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