Jump to ContentJump to Main Navigation
Reason, Morality, and LawThe Philosophy of John Finnis$
Users without a subscription are not able to see the full content.

John Keown and Robert P. George

Print publication date: 2013

Print ISBN-13: 9780199675500

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199675500.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 17 May 2022

Intention and the Allocation of Risk

Intention and the Allocation of Risk

(p.413) 25 Intention and the Allocation of Risk
Reason, Morality, and Law

Neil M. Gorsuch

Oxford University Press

In this chapter, originally delivered as a speech, Judge Neil Gorsuch discusses Finnis' gifts and generosity as a teacher before turning to examine his contributions to our understanding of the legal concept of intent. In crime and tort, liability has often and traditionally depended on showing that the defendant intended to commit a legal wrong. Various theorists, however, have criticized this reliance on intent. Citing Finnis' work, Judge Gorsuch highlights some of the flaws of their criticism and defends the analytical and normative significance of intent. Analytically, Gorsuch argues, there is a difference between intending a consequence and hoping for or foreseeing a consequence. Normatively, he explains, our intentional choices shape who we are and reflect how we think of others.

Keywords:   Finnis, intent, intentional crimes, intentional torts, mens rea, Bird v Holbrook, Richard Posner, Glanville Williams

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 .