| |
| |
Acknowledgments | |
| |
| |
| |
Introduction: Retributivism and the Criminal Law | |
| |
| |
| |
Criminal Law, Punishment, and Desert | |
| |
| |
| |
The Criminal Law and Preventing Harm | |
| |
| |
| |
Questions about Retributivism | |
| |
| |
| |
Conclusion | |
| |
| |
| |
The Culpable Choice | |
| |
| |
| |
The Essence of Culpability: Acts Manifesting Insufficient Concern for the Legally Protected Interests of Others | |
| |
| |
| |
Unpacking Recklessness | |
| |
| |
| |
Folding Knowledge and Purpose into Recklessness | |
| |
| |
| |
A Unified Conception of Criminal Culpability | |
| |
| |
| |
Proxy Crimes | |
| |
| |
| |
Negligence | |
| |
| |
| |
Why Negligence Is Not Culpable | |
| |
| |
| |
Attempts at Narrowing the Reach of Negligence Liability | |
| |
| |
| |
The Strongest Counterexample to Our Position | |
| |
| |
| |
The Arbitrariness of the Reasonable-Person Test | |
| |
| |
| |
Defeaters of Culpability | |
| |
| |
| |
Justifications and Excuses: Reorienting the Debate | |
| |
| |
| |
Socially Justifying Reasons | |
| |
| |
| |
Excuses | |
| |
| |
| |
Mitigating Culpability | |
| |
| |
| |
The Culpable Act | |
| |
| |
| |
Only Culpability, Not Resulting Harm, Affects Desert | |
| |
| |
| |
The Irrelevance of Results | |
| |
| |
| |
The Intuitive Appeal of the "Results Matter" Claim | |
| |
| |
| |
"Results Matter" Quandaries | |
| |
| |
| |
Free Will and Determinism Reprised | |
| |
| |
| |
The Immateriality of Results and Ancestral Culpable Acts | |
| |
| |
| |
The Immateriality of Results and Inchoate Crimes | |
| |
| |
| |
Inculpatory Mistakes and the Puzzle of Legally Impossible Attempts | |
| |
| |
| |
When Are Inchoate Crimes Culpable and Why? | |
| |
| |
| |
Our Theory of Culpable Action | |
| |
| |
| |
Some Qualifications and Further Applications | |
| |
| |
| |
The Locus of Culpability | |
| |
| |
| |
The Unit of Culpable Action | |
| |
| |
| |
Culpability for Omissions | |
| |
| |
| |
Acts, Omission, and Duration | |
| |
| |
| |
Individuating Crimes | |
| |
| |
| |
A Proposed Code | |
| |
| |
| |
What a Culpability-Based Criminal Code Might Look Like | |
| |
| |
| |
An Idealized Culpability-Based Criminal Code | |
| |
| |
| |
From an Idealized Code to a Practical One: Implementing Our Theory in "the Real World" | |
| |
| |
Epilogue | |
| |
| |
Appendix | |
| |
| |
Bibliography | |
| |
| |
Index | |