On Guilt, Responsibility, and Punishment
Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.
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To be responsible for something means being
the traditional opposition between
THE AIM OF PUNISHMENT
THE CAMPAIGN AGAINST PUNISHMENT
accept according action actually agent aim of punishment analysis answer argument assumed Barbara basis behaviour believe cause censure certain character circumstances committed common compulsion concept concerned consciousness consequence considerations context conviction course crime criminal criterion critical decision demand desire determinism directed disapproval discussion duty effect established et seq example existence expression fact feeling forces freedom function give given guilt human idea impossible imputability interests judgment justified kind knowledge legislation matter means ment mental mind moral responsibility motivation nature normative objective offence otherwise particular penal penal law person philosophical positive possible practice precisely prediction presupposes preventive principle problem punishment question rational reaction reason regard requirements retribution rules sense sentence simply situation social society statement suffering suppose taken theory things thought true understanding violation