Criminal culpability: The possibility of a general theory |
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Authors: | Jeremy Horder |
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Affiliation: | (1) Worcester College, OX1 3PG Oxford, England |
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Abstract: | In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure of culpability, which is shaped as much by shared cultural understanding as by moral theory. |
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