- Title Pages
- Preface
- List of Contributors
- Table of Cases
- Table of Statutes, Codes, and Charters
- 1 Introduction: Searching for Foundations
- 2 Criminal Law as Public Law
- 3 Republicanism and the Foundations of Criminal Law
- 4 Political Theory and the Criminal Law
- 5 Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
- 6 Responsibility for the Criminal Law
- 7 Responsibility, Citizenship, and Criminal Law
- 8 The Resurgence of Character: Responsibility in the Context of Criminalization
- 9 Intention as a Marker of Moral Culpability and Legal Punishability
- 10 Wrongdoing and Motivation
- 11 Understanding the Topography of Moral and Criminal Law Norms
- 12 Beyond The Special Part
- 13 Just Prevention: Preventive Rationales and the Limits of the Criminal Law
- 14 The Ontological Problem of ‘Risk’ and ‘Endangerment’ in Criminal Law
- 15 The De Minimis ‘Defence’ to Criminal Liability
- 16 Just Deserts in Unjust Societies
- 17 Groundwork for a Jurisprudence of Criminal Procedure
- 18 The Substance-Procedure Relationship in Criminal Law
- 19 Two Kinds of Retributivism
- 20 Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that do not Cross International Borders<sup>*</sup>
- 21 Criminal Law and Morality at War
- 22 Criminal Liability and ‘Smart’ Environments
- INDEX
Intention as a Marker of Moral Culpability and Legal Punishability
Intention as a Marker of Moral Culpability and Legal Punishability
- Chapter:
- (p.179) 9 Intention as a Marker of Moral Culpability and Legal Punishability
- Source:
- Philosophical Foundations of Criminal Law
- Author(s):
Michael S Moore (Contributor Webpage)
- Publisher:
- Oxford University Press
This chapter examines the role that intention plays in defining the most serious forms of criminality. It argues that the criminal law as it now exists presupposes what is essentially a ‘folk psychology’ of intention, and proposes as an alternative a more nuanced and complex conception of intention that would take into account recent developments in philosophy of mind, cognitive science, and moral psychology.
Keywords: criminal law, intentions, criminality, moral responsibility, folk psychology
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- Title Pages
- Preface
- List of Contributors
- Table of Cases
- Table of Statutes, Codes, and Charters
- 1 Introduction: Searching for Foundations
- 2 Criminal Law as Public Law
- 3 Republicanism and the Foundations of Criminal Law
- 4 Political Theory and the Criminal Law
- 5 Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
- 6 Responsibility for the Criminal Law
- 7 Responsibility, Citizenship, and Criminal Law
- 8 The Resurgence of Character: Responsibility in the Context of Criminalization
- 9 Intention as a Marker of Moral Culpability and Legal Punishability
- 10 Wrongdoing and Motivation
- 11 Understanding the Topography of Moral and Criminal Law Norms
- 12 Beyond The Special Part
- 13 Just Prevention: Preventive Rationales and the Limits of the Criminal Law
- 14 The Ontological Problem of ‘Risk’ and ‘Endangerment’ in Criminal Law
- 15 The De Minimis ‘Defence’ to Criminal Liability
- 16 Just Deserts in Unjust Societies
- 17 Groundwork for a Jurisprudence of Criminal Procedure
- 18 The Substance-Procedure Relationship in Criminal Law
- 19 Two Kinds of Retributivism
- 20 Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that do not Cross International Borders<sup>*</sup>
- 21 Criminal Law and Morality at War
- 22 Criminal Liability and ‘Smart’ Environments
- INDEX
