CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, September 9, 2015

Sarch on Double Effect and the Criminal Law

Alex F. Sarch (University of Southern California - Center for Law and Philosophy) has posted Double Effect and the Criminal Law (Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract:

American criminal law is committed to some version of the doctrine of double effect (“DDE”). In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular feature of the former in virtue of which it is pro tanto more culpable than the latter. Providing an agent-centered argument of this kind for a culpability version of DDE, I argue, is an especially attractive route to take for those who are interested in vindicating the way the criminal law actually encodes DDE.

https://lawprofessors.typepad.com/crimprof_blog/2015/09/sarch-on-double-effect-and-the-criminal-law.html

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