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Act and CrimeThe Philosophy of Action and its Implications for Criminal Law$
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Michael S. Moore

Print publication date: 2010

Print ISBN-13: 9780199599509

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199599509.001.0001

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The Orthodox View of the Act Requirement and Its Normative Defence

The Orthodox View of the Act Requirement and Its Normative Defence

Chapter:
(p.44) 3 The Orthodox View of the Act Requirement and Its Normative Defence
Source:
Act and Crime
Author(s):

Michael S. Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599509.003.0003

The orthodox view of the act requirement is that it requires that there be a willed bodily movement. Excluded by the requirement are omissions, states of mind, emotions, bad character, status, and involuntary bodily movements. The act requirement is seen as justified on moral grounds, not on utilitarian grounds. The moral ground is that our moral obligations are concerned more with what we do, and not what we fail to prevent or who we are (these last being the proper subjects of the virtues); and that punishment should only be for failures of obligation, not for failures of virtue.

Keywords:   virtue, liberty, obligation, omissions, character, emotions

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