Abstract

http://ssrn.com/abstract=1489488
 
 

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Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility


Alec D. Walen


Rutgers School of Law, Camden

October 30, 2008

Criminal Law and Philosophy, Vol. 3, pp. 71-78, 2009

Abstract:     
Doug Husak frames a worry that makes sense in the abstract, but in reality, there is not much to worry about. The thesis that intentions are irrelevant to permissibility (IIP) is a straw man. There are reasons to think that the moral significance of intentions is not properly registered in criminal law. But the moral basis for criticism is not nearly as extreme as the IIP, and the fixes are not that hard to make. Lastly, if they are not made, some people may not get the punishments they deserve, and there will be some extra inequities in the criminal law as a result. But these inequities are not so great that change must be made now. The moral categories that are used may be too crude, but they are also familiar and easy to work with, and that counts for something.

Number of Pages in PDF File: 8

Keywords: intention, permissibility, doctrine of double effect (DDE), criminal law, moral philosophy, mens rea, culpability

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Date posted: October 15, 2009  

Suggested Citation

Walen, Alec D., Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility (October 30, 2008). Criminal Law and Philosophy, Vol. 3, pp. 71-78, 2009. Available at SSRN: http://ssrn.com/abstract=1489488

Contact Information

Alec D. Walen (Contact Author)
Rutgers School of Law, Camden ( email )
217 N. 5th Street
Camden, NJ 08102-1203
United States
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