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A change of normative position: Determining the contours of culpability in criminal law

Abstract:

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 liabi...

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Publisher copy:
10.1525/nclr.2008.11.2.232

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Journal:
New Criminal Law Review More from this journal
Volume:
11
Issue:
2
Pages:
232-256
Publication date:
2008-03-01
DOI:
EISSN:
1933-4206
ISSN:
1933-4192
Language:
English
Pubs id:
pubs:479080
UUID:
uuid:21a51f85-3dcc-4a8d-b550-3eb8af6e2b89
Local pid:
pubs:479080
Source identifiers:
479080
Deposit date:
2014-08-16

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