2012Oxford University Press eBooksRequires access

Criminal Conduct and its Culpability

Hyman Gross

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Abstract

This chapter focuses on the notion of criminal culpability. It analyzes three outstanding problems in the law of attempts that reveal a great deal about culpability, about how we judge how wrong a crime is, and why indeed we should think it is wrong at all. It then discusses how criminal culpability features most prominently in ranking the wrongfulness of conduct by assigning degrees of culpability to what is done. This role has been misunderstood by those who treat crime and punishment as the themes of a great morality play.

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What this paper is about

This chapter focuses on the notion of criminal culpability. It analyzes three outstanding problems in the law of attempts that reveal a great deal about culpability, about how we judge how wrong a crime is, and why indeed we should think it is wrong at all. It then discusses how criminal culpability features most prominently in ranking the wrongfulness of conduct by assigning degrees of culpability to what is done. This role has been misunderstood by those who treat crime and punishment as the themes of a great morality play.

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Available abstract

This chapter focuses on the notion of criminal culpability. It analyzes three outstanding problems in the law of attempts that reveal a great deal about culpability, about how we judge how wrong a crime is, and why indeed we should think it is wrong at all. It then discusses how criminal culpability features most prominently in ranking the wrongfulness of conduct by assigning degrees of culpability to what is done. This role has been misunderstood by those who treat crime and punishment as the themes of a great morality play.

Key concepts: Culpability, Punishment (psychology), Criminal law, Criminology, Morality, Law, Political science, Psychology

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