Complicity

OXFORD CRIMINAL LAW HANDBOOK, Markus Dubber and Tatjana Hörnle, eds., Oxford University Press, 2014

31 Pages Posted: 26 Oct 2013 Last revised: 4 Nov 2013

See all articles by James Graham Stewart

James Graham Stewart

University of British Columbia (UBC), Faculty of Law

Date Written: October 24, 2013

Abstract

Complicity is responsibility for helping. This essay provides a comparative overview of the criminal law and theory pertaining to complicity. Instead of taking a strong prescriptive position on the best way to construct accomplice liability, it charts a series of recurrent normative problems in this area and points to various solutions these problems have generated in practice. The essay begins by considering structural questions that inform the shape accomplice liability is given in different criminal systems, then discusses the conduct required to establish accomplice liability, before plotting the various static and dynamic mental elements that are frequently allocated to the concept. Overall, the essay suggests that a comparative approach is very helpful in shedding light on blind spots in various schools of thought about complicity, including whether it deserves an autonomous existence separate from perpetration. I conclude that the subject deserves our ongoing intellectual engagement, since it goes to the heart of our attempts to live decently, in this our very imperfect world.

Keywords: Complicity, aiding and abetting, accessorial liability, criminal theory, international criminal law, responsibility

Suggested Citation

Stewart, James Graham, Complicity (October 24, 2013). OXFORD CRIMINAL LAW HANDBOOK, Markus Dubber and Tatjana Hörnle, eds., Oxford University Press, 2014, Available at SSRN: https://ssrn.com/abstract=2344957

James Graham Stewart (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

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