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Moral Innocence and the Criminal Law: Non-Mala Actions and Non-Culpable Agents

Re'em Segev

Cambridge Law Journal 79:549-577 (2020)

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Actions, Agents, and Consequences.Re’em Segev - 2023 - Criminal Justice Ethics 42 (2):99-132.details According to an appealing and common view, the moral status of an action – whether it is wrong, for example – is sometimes important in itself in terms of the moral status of other actions – especially those that respond to the original action. This view is especially influential with respect to the criminal law. It is accepted not only by legal moralists but also by adherents of the harm principle, for example. In this paper, I argue against this view. (...) Download Export citation Bookmark 1 citation
The Structure of Criminal Law.Re’em Segev - 2024 - Criminal Law and Philosophy 18 (2):497-517.details According to a common view, criminal law should be structured in a way that allocates the conditions of criminal liability to different types of legal rules, given the content of the condition and the nature of the rule. This view classifies some conditions as elements of offenses and others as (part of) justificatory defenses or of excusatory defenses. While this view is attractive, I argue that it should be rejected, since it is incompatible with two plausible propositions about legal rules. (...) Download Export citation Bookmark

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