Jump to ContentJump to Main Navigation
Criminal Law Conversations$
Users without a subscription are not able to see the full content.

Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 June 2020

Against Control Tests for Criminal Responsibility

Against Control Tests for Criminal Responsibility

Chapter:
(p.449) 21. Against Control Tests for Criminal Responsibility
Source:
Criminal Law Conversations
Author(s):

Stephen J. Morse

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199861279.003.0021

This chapter presents an authoritative case against control tests for criminal responsibility. It argues that at present there is no need for the law to adopt an independent control test for excuse or mitigation. It considers four false starts or distractions that bedevil clear thinking about the necessity for a control test: the belief that allegedly uncontrollable behavior is not action; the belief that behavior must be out of control if it is the sign or symptom of a disease; the belief that the metaphysical argument about free will and responsibility has any relevance to the criminal-law problem of whether a control test is necessary; and the belief that causation at any level of causal explanation, including abnormal causation, is per se an excusing condition or the equivalent of compulsion. It also examines how impairment of rationality accounts for control difficulties. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as cognition and the folk psychology of self-control.

Keywords:   control test, criminal responsibility, free will, causation, rationality, cognition, folk psychology, self-control

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .