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Action and Value in Criminal Law$
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Stephen Shute, John Gardner, and Jeremy Horder

Print publication date: 1993

Print ISBN-13: 9780198258063

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258063.001.0001

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Taking the Consequences

Taking the Consequences

Chapter:
(p.107) Taking the Consequences
Source:
Action and Value in Criminal Law
Author(s):

ANDREW ASHWORTH

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198258063.003.0005

The attraction of the subjectivist or the objectivist approach to outcome luck rests largely on intuitions about fairness. But there are supporting arguments that can be tested, and much of this chapter is devoted to an examination of the arguments invoked by objectivists in favour of the view that wrongdoers should ‘take the consequences’ — or not — of their conduct. Some objectivists place considerable emphasis on the concordance of their approach with popular sentiments and public opinion. If intuitions lie at the foundation of both the rival approaches, this will be a significant consideration. But this cannot be conclusive unless it is also claimed that moral and legal responsibility should follow popular sentiments even when they can be shown to harbour elements of irrationality.

Keywords:   outcome luck, objectivism, subjectivism, fairness

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