Responsibility and Criminal Liability
autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
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act doctrine action actor actus reus agency agent conditions assessment behavior believe capacities model causal causative responsibility choose circumstances claim Clive cognitive model concern conditional liability conditional system consequences crime control criminal conduct criminal law criminal liability criminal omissions culpability death defense degree of responsibility desire distinction distinguish duress element exculpation excusing devices F. H. Bradley fact failures of voluntariness Fletcher foresee foresight genuine grading H. L. A. Hart harm Hart Herbert Packer human Husak hypnosis imputative responsibility individual responsibility intention intentionality intoxicated involuntariness issues Jerome Hall justifiability kill knowledge legal system liberal society matters mens rea mental mistakes Model Penal Code moral negligence liability negligent agent Nonetheless notion offenses opportunity ordinary person perspective principle prior fault problems punishment purpose reason recklessness reference requirement result risk Robinson sense sibility simply Sistare social specific standards of liability strict liability subsystems system of liability theorists theory vicarious liability