Defensive Liability Without Culpability

In Christian Coons & Michael Weber (eds.), The Ethics of Self-Defense. New York, NY: Oxford University Press USA (2016)
  Copy   BIBTEX

Abstract

A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and act on what is morally required of them. The chapter argues that minimally responsible threateners can indeed be morally liable for the harms they impose. Put differently, culpability is not a necessary basis for liability.

Links

PhilArchive

External links

  • This entry has no external links. Add one.
Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Self-Defence Against Multiple Threats.Kerah Gordon-Solmon - 2017 - Journal of Moral Philosophy 14 (2):125-133.
Self-Defence Against Multiple Threats.Kerah Gordon-Solmon - 2015 - New Content is Available for Journal of Moral Philosophy 14 (2):125-133.
A Theory of Criminal Negligence.Victor Vridar Ramraj - 1998 - Dissertation, University of Toronto (Canada)
What Follows from Defensive Non-Liaibility?Gerald Lang - 2017 - Proceedings of the Aristotelian Society 117 (3):231-252.
The philosophy of criminal law: selected essays.Douglas N. Husak - 2010 - New York: Oxford University Press.
Culpability and Mental Disorder.R. Cummins - 1980 - Canadian Journal of Philosophy 10 (2):207 - 232.
Duty and Liability.Victor Tadros - 2012 - Utilitas 24 (2):259-277.

Analytics

Added to PP
2017-11-22

Downloads
319 (#60,835)

6 months
48 (#83,812)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Saba Bazargan-Forward
University of California, San Diego

Citations of this work

No citations found.

Add more citations

References found in this work

Self-defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.
Justifying Harm.David Rodin - 2011 - Ethics 122 (1):74-110.
Liability to Defensive Harm.Jonathan Quong - 2012 - Philosophy and Public Affairs 40 (1):45-77.
Duty and Liability.Victor Tadros - 2012 - Utilitas 24 (2):259-277.
Justifying self-defense.Kimberly Kessler Ferzan - 2005 - Law and Philosophy 24 (6):711-749.

Add more references