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Abetting a Crime

Law and Philosophy 33 (1):41-73 (2014)

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  1. Against Accomplice Liability.Alex Kaiserman - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. New York: Oxford University Press. pp. 124-155.
    Accomplice liability makes people guilty of crimes they knowingly helped or encouraged others to commit, even if they did not commit the crime themselves. But this method of criminalizing aiders and abettors is fraught with problems. In this chapter, I argue that accomplice liability in the criminal law should be replaced with a system in which agents are criminalized on the basis of their individual contributions to causings of harm—the larger the contribution, the more severe the crime—regardless of whether those (...)
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  • Abetting a Crime: A New Approach.M. Beth Valentine - 2022 - Law and Philosophy 41 (2):351-374.
    In “Abetting a Crime,” Husak puzzles over what, exactly, abettors are held liable for. Having dismissed the proposal that derivative liability can ground the imposition of punishment, he then turns to fair labeling concerns to further highlight problems surrounding current Anglo-American complicity laws. The best moral solution, according to Husak, is a drastic but ultimately unworkable revising of our laws. Loosely, he presents a two-horned dilemma: the laws are either insufficiently detailed to respect fair labeling practices or too detailed to (...)
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