Harm and Culpability

By A. P. Simester; A. T. H. Smith | Go to book overview

Index
alcohol, as drug 246-7
Alldridge, Peter4, 5, 6, 21, 24, 25, 239-57,
Aristotle138
Ashworth, Andrew12, 14, 15, 29, 30, 173-93, 241
attempts 10-11, 19-44
conduct element 30-2
control 34-6
crimes of ulterior motive, and 157-67
culpability and other concerns 10-11, 36-9
fault element 27-9
impossible 24-7, 57-8
labelling of 22-4
legally impossible 57-8
luck, and 34-6
objectivist law of 39-44
punishment of 22-4
subjectivist law of 22-39
ulterior intent crime, and 157-67
Bennett, Jonathan72-3, 78, 90
Bentham, Jeremy204
blackmail 215-17, 230-8
harm principle 237-8
theories, problems for 234-7
Campbell, Kenneth107
coercion 218-25
duress distinguished 219-22
normative aspects of 222-3
threats and 223-5
varieties of 218-19
complicity 195-214
crimes of ulterior intent 153-72
attempts, and 157-67
'crime-Crime' and 157-67
individuation of norms 170-2
nature considered 153-4
preparatory 167-70
rationalizing 154-7
representative labelling 157-67
theft, and 170-2
criminal attempts 19-44
criminal code
draft clauses 211-14
structuring 195-214
criminal law, justification, articulation of 64-7
criminalization 1-12
conditions of 4-12
practice 17
theory, role of 1-17
criminal liability, in medical context 173-93
see also good intentions, treatment
criminal philosophy, and conditions of criminalization 4-12
culpability
attempts 10-11, 36-9
criminalization conditions 6-12
defeasing 13-16
justification 11-12
deeds v reasons see justification theories
'deeds' terminology and conceptualization 61
deeds theories
nature of 45-9
reasons and liability 50-61
defence, medical necessity
case for 184-6
consent, role of 187
doctors, restriction to 186
necessity, reference to 187
positioning of 190-1
purpose, proof of 189
reasonableness 187-9
structure of 186-89
surgical operations, restriction to 186-7
defences, codification 195-214
Dennett, Daniel138
destabilization, states of 144-50
disequilibrium and lapse 140-4
disunity of self 135-40
drug dealers
offences against the person 244-5
self-harm. by users, and 245
drug dealing
alcohol analogy 246-7
conclusions on 257
crime, consequential 243-4
decriminalization 255-7
harm to users 244-5
importation 254-5
initial considerations 239-40
non-blackmail retails 249-51
profits 242-3
responsibility of various participants 251-5
tobacco, analogy 246-7

-277-

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