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Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.
This work investigates the conceptual foundations of moral and legal responsibility by examining the necessary conditions for culpability and the role of fair opportunity in justifying punishment. Professor David O. Brink, a scholar in moral and political philosophy, utilizes a framework rooted in normative competence and situational control to bridge the gap between moral psychology and criminal jurisprudence. He argues that responsibility is inversely related to excuse, positing that agents are only culpable when they possess both the cognitive capacity to understand norms and the fair opportunity to act in accordance with them.
What You Will Find
Scope Limits
Scholars and legal theorists frequently identify this text as a rigorous contribution to the philosophy of criminal law. Readers often note the academic density of the prose, which is intended for those with a background in moral philosophy or jurisprudence.
Page Count:
438
Publication Date:
2021-01-01
Publisher:
Clarendon Press
ISBN-10:
0192603191
ISBN-13:
9780192603197
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