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Criminal Responsibility$
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Victor Tadros

Print publication date: 2007

Print ISBN-13: 9780199225828

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225828.001.0001

The Ethics of Belief

Chapter:
(p. 237 ) 9 The Ethics of Belief
Source:
Criminal Responsibility
Author(s):

VICTOR TADROS

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199225828.003.0010

This chapter is concerned with criminal liability in cases where the defendant had mistaken beliefs about the outcome of his or her actions. It is sometimes argued, by subjectivists, that we can be responsible for causing a certain outcome only if we were aware of at least the risk of that outcome coming about. Objectivists disagree, arguing that we are responsible for an outcome even if we were ignorant of its possibility if the reasonable person would have been aware of that outcome. In this chapter, a middle position is developed which suggests that we are sometimes criminally responsible for outcomes that we did not foresee.

Keywords:   risk, responsibility, belief, objectivism, criminal liability, mistaken beliefs

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