Criminal Law, Intuitive Blame, and Moral Character

Nadler, Janice

doi:10.2139/ssrn.4007663

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Criminal Law, Intuitive Blame, and Moral Character

Cambridge Handbook of Moral Psychology, B. Malle & P. Robbins, eds. (Forthcoming)

Northwestern Public Law Research Paper No. 22-04

29 Pages Posted: 14 Jan 2022 Last revised: 13 Mar 2023

See all articles by Janice Nadler

Janice Nadler

Northwestern University - School of Law; American Bar Foundation

Date Written: June 16, 2022

Abstract

Blame and punishment doctrines within Anglo-American criminal law track in many ways psychological intuitions about blame and punishment, but there are variations as well. This chapter explains the legal doctrine and explores some of the ways in which criminal and psychological blame converge and diverge. The focus in this chapter is chiefly on intended but incomplete conduct, unintended outcomes, and the role of moral character in the rules of evidence.

Keywords: punishment, blame, psychology, attitudes, criminal law, recklessness, moral character, mens rea, evidence

JEL Classification: K10, K30

Suggested Citation: Suggested Citation

Nadler, Janice, Criminal Law, Intuitive Blame, and Moral Character (June 16, 2022). Cambridge Handbook of Moral Psychology, B. Malle & P. Robbins, eds. (Forthcoming), Northwestern Public Law Research Paper No. 22-04, Available at SSRN: https://ssrn.com/abstract=4007663 or http://dx.doi.org/10.2139/ssrn.4007663