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The Voluntary Act Requirement

In Andrei Marmor (ed.), The Routledge Companion to Philosophy of Law. New York , NY: Routledge. pp. 174 (2012)

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  1. Imputability, answerability, and the epistemic condition on moral and legal culpability.Evan Tiffany - 2022 - European Journal of Philosophy 30 (4):1440-1457.
    This paper has two main goals. The first is to defend a particular account of answerability according to which a person is (morally or criminally) answerable for their conduct if it is (morally or criminally) wrongful under the same description under which it is imputable to their agency. Negating defences in law aim to defeat criminal answerability by negating some element of the charged offence while their moral analogues aim to defeat moral answerability by defeating the aptness of the description (...)
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  • Constitutive responsibility: Taking part, being part.Robert E. Goodin - 2018 - Analysis 78 (1):40-45.
    Individuals are often causally inconsequential parts of highly consequential wholes. If each individual is causally inconsequential, and what she does makes no causal difference, we may be inclined to absolve each of causal responsibility for the consequences of what occurs as a result of the larger whole of which each is a part. But there is another form of responsibility – constitutive responsibility. Whatever the causal consequences may be, each individual constitutes part of that whole and each therefore bears responsibility (...)
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  • The determinable–determinate relation can’t save adverbialism.Alex Grzankowski - 2018 - Analysis 78 (1):45-52.
    Adverbialist theories of thought such as those advanced by Hare and Sellars promise an ontologically sleek understanding of a variety of intentional states, but such theories have been largely abandoned due to the ‘many-property problem’. In an attempt to revitalize this otherwise attractive theory, in a series of papers as well as his recent book, Uriah Kriegel has offered a novel reply to the ‘many-property problem’ and on its basis he argues that ‘adverbialism about intentionality is alive and well’. If (...)
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  • Consciousness, Free Will, Moral Responsibility.Caruso Gregg - 2018 - In Rocco J. Gennaro (ed.), Routledge Handbook of Consciousness. New York: Routledge. pp. 89-91.
    In recent decades, with advances in the behavioral, cognitive, and neurosciences, the idea that patterns of human behavior may ultimately be due to factors beyond our conscious control has increasingly gained traction and renewed interest in the age-old problem of free will. To properly assess what, if anything, these empirical advances can tell us about free will and moral responsibility, we first need to get clear on the following questions: Is consciousness necessary for free will? If so, what role or (...)
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  • Consciousness, free will, and moral responsibility: Taking the folk seriously.Joshua Shepherd - 2015 - Philosophical Psychology 28 (7):929-946.
    In this paper, I offer evidence that folk views of free will and moral responsibility accord a central place to consciousness. In sections 2 and 3, I contrast action production via conscious states and processes with action in concordance with an agent's long-standing and endorsed motivations, values, and character traits. Results indicate that conscious action production is considered much more important for free will than is concordance with motivations, values, and character traits. In section 4, I contrast the absence of (...)
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  • Free Will, Causality, and Neuroscience.Bernard Feltz, Marcus Missal & Andrew Sims (eds.) - 2019 - Leiden: Brill.
    This book aims to show that recent developments in neuroscience permit a defense of free will. Through language, human beings can escape strict biological determinism.
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  • In Defense of Criminal Possession.Gideon Yaffe - 2016 - Criminal Law and Philosophy 10 (3):441-471.
    Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper defends the Voluntary Act Requirement, offers an account of the nature of omissions of the kind (...)
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