A Change of Normative Position: Determining the Contours of Culpability in Criminal Law

The purpose of this article is to consider possible justifications for holding a person who intentionally attacks another criminally liable for further unintended consequences that result from the attack. The focus is on the views of John Gardner and on the notion of "change of normative positi...

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Bibliographic Details
Published in:New criminal law review 2008-04, Vol.11 (2), p.232-256
Main Author: Ashworth, Andrew
Format: Article
Language:English
Subjects:
Assault
Attitudes
Bodily injury liability
Constructivism
Contours
Criminal law
Criminal offenses
Criminals
Culpability
Justification
Legal liability
Liability
Manslaughter
Normativity
Subjectivism
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Summary:The purpose of this article is to consider possible justifications for holding a person who intentionally attacks another criminally liable for further unintended consequences that result from the attack. The focus is on the views of John Gardner and on the notion of "change of normative position" as a justification for such additional liability. It is argued that neither the purported justification nor the limiting principles sometimes attached to it are convincing reasons for enhanced liability.
ISSN:1933-4192
1933-4206
DOI:10.1525/nclr.2008.11.2.232