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date: 08 December 2019

(p. 523) Subject Index

(p. 523) Subject Index

abortion, 83–85
adultery, 336–37, 343, 352, 384
actus reus (see act, conduct element)
act, 4
conduct element, 370–71
philosophy of action, 108–24
requirement, 107–24
versus omission, 86–87, 113–14, 115–16, 120–21
voluntary, 108, 110, 112–13, 119, 135–36
attempt, 125–46, 148, 233–36
conduct element of, 133–36
fault element of, 131–33
impossible, 136–40, 246
incomplete, 127–29, 136, 137, 140, 141, 142–43
liability for, 125, 141–42
objectivism about, 125, 136, 137–40, 141, 142–43
punishment of, 140
subjectivism about, 125, 132, 136, 137–40, 141, 142–43
autonomy, 6, 11, 14–16, 18
balancing, cost-benefit, 3, 4, 17, 20–23, 25, 29–33, 34, 179, 253, 279–82
battered woman syndrome, 343, 355–56, 357–60, 362–65, 391, 392–93
blackmail, 37–106
blameworthiness (see culpability)
bribery, 81–82, 126
burden of proof, 170–71, 174, 266, 296, 324, 333–34
causation, 150, 154–58, 159–60, 168–93, 237, 277, 283–84
cause in fact, 169–79
intervening cause, 183–85
legal cause (see proximate cause)
overdetermination, 156, 171–72
proximate cause, 170, 179–185, 218, 309–10
civil commitment, 321, 323, 332
coercion, 4, 5, 9–16, 17, 60–66 74 (see also duress and rape, requirement of force)
complicity, 147–67, 236–37, 447
consent, 10–13, 368–70, 375–77
as performative, 369–70
requirement of resistance in rape (see rape, requirement of force)
consequentialism, 20, 34, 41–51, 130, 253, 262, 405–12, 459 (see also utilitarianism)
rule-consequentialism, 407–08
versus deontology, 441
conspiracy, 126, 236–37
crime (see also offense)
annulling, 416–17
malum in se versus malum prohibitum, 7
criminal law versus tort law, 169, 174, 177–78, 179, 188, 446
death penalty, 441–66
brutalizing tendency of, 454, 458–61
degrading character of, 454–456
deontology, 223–25, 441
desert, 194, 219, 408–09, 444
dignity, 453–456 (see also respect)
diminished capacity (see responsibility, diminished)
double effect, doctrine of, 238
duress, 262–63, 269–98, 391
of circumstances, 291–92
equal treatment, 451–453
equilibrium of benefits and burdens, 414, 442
equity, 481–85
euthanasia, 159
excuse, 225–26, 238, 239–68, 274–79, 283–86
character theory of, 258–60
choice theory of, 209–10, 211–12, 257–58
reasons theory of, 260–61
versus exemption, 255–56
versus justification (see justification, versus excuse)
exploitation, 74
fair opportunity, 211–15
fair play, principle of, 413–14
fault, 214
(p. 524) fault element (see mens rea)
forfeiture (see rights, forfeiture of)
forgiveness, 202
freedom, (see liberty)
of the will, 196–99
of speech (see speech, freedom of )
genocide, 160–61
guilt, 194
feelings of, 200, 203
harm, 17, 24–27, 29–33, 130, 219, 235, 279–82
harm principle, 4–5, 11, 19–23, 25, 28, 31, 34
heat of passion defense (see provocation)
homicide
(see murder)
impossibility, 7
incompatibilism, 196–98, 245, 248
innocent aggressor, 249
insanity, 226, 256, 285
as irrationality, 317
concept of, 300–01
defense of, 206, 207, 299–334
tests of, 307–316
irresistible impulse, 226, 306–09
jurisdiction, 4, 8
justice, 6, 194, 208, 210–211, 213, 446
and mercy (see mercy)
as reciprocity (see also fair play, principle of ), 448
compensatory, 446–47
distributive, 448
procedural, 449–52
restorative, 509–13
retributive (see retributivism)
justification, 4, 225–26, 230, 239–55, 274–79, 279–82
objective versus subjective, 243–44
versus excuse, 239–43, 245, 339–340 (See also necessity, defense of )
Kantian ethics, 409–10, 441–44, 453–54, 456, 460 (see also deontology)
law and economics, 177, 190–91
analysis of blackmail, 42–48
lex talionis, 442, 443
liability to punishment, 111, 116–21, 168–69, 210–15
accomplice (see complicity)
for omissions, 110
liberalism, 6, 478–79, 483–84
liberty, 14, 18–21, 30–31, 116
libertarian analysis of blackmail, 56–58
M'Naghten Rule, 299, 301–06, 326, 327, 328–29, 332
mercy, 467–92
as a virtue, 468–69, 474, 480
versus leniency, 469–70, 478
paradox of, 467–92
mistake, 139, 206, 214, 244–46, 248, 257, 377–81
Model Penal Code, 75, 112–16, 119, 141, 158, 164, 170, 173, 183, 228–29, 246, 251, 272, 276, 291, 508
moral agency, 199–201, 206–07, 226, 259, 459–461
morality, 326
critical, 8
grievance, 6, 9, 13
positive, 8
moral luck, 85–86, 125, 137–38, 141, 148, 152, 218, 463
murder, 287–89
1st and 2nd degree, 337, 348–49
versus manslaughter, 337–38
necessity, defense of, 244, 281–91
negative retributivism (see punishment, mixed theory of )
neutrality, liberal, 5, 14–16
negligence, 213–15, 227, 230–33, 258–59, 380, 446
norms, social, 5–6, 29–31
obscenity, 17–33
offense (see crime)
homicide (see also murder)
of possession, 114, 127–28
omissions, 171, 220, 226–27 (see also act, versus omissions)
paternalism, 15, 19, 29
plea (see excuse)
pornography, 32 (see also obscenity)
positivism, legal, 208
Principle of Utility, 208–09 (see also consequentialism, utilitarianism)
precautionary principle, 461
preventive detention, 501–03, 508–09
proportionality (see punishment, proportionality in)
provocation, 288–89, 336–55, 448
adequacy of, 336, 337–40, 343, 344, 348–49, 352–53
feminist objections to, 340, 385
absence of premeditation, 344–46, 386
sexist character of, 337, 339, 340, 342, 343–44
(p. 525) psychopathy, 200–01, 207, 256
punishment, 403–40
alternatives to, 493–519
and desert, 408–09
as annulment of crime, 416–17, 442
as communication, 417–20, 424, 462
as fairness, 413–16
as moral education, 417–19
as penance, 419–20
as societal self-defense, 424–27
capital (see death penalty)
definition of, 403–05, 494–97
expressive function of, 313–14, 404–05, 442, 462
justification of, 403–40
mixed theory of, 194–95, 421–27, 442
modes of, 213, 445–46
proportionality in, 443–444, 445–446, 470, 477, 480 (see also lex talionis)
rape, 367–82, 453–54
acquaintance, 367–68, 395–96
as nonconsensual sexual intercourse, 368
requirement of force, 370–75, 378, 381, 396–97, 399, 400–01
reactive attitudes, 202–07
reasonable person, 213–14, 231, 240, 249, 272, 286, 293, 349, 352–55, 390
as sexist standard, 352, 358, 378–79
objective versus subjective understanding of, 357–62
reform (see rehabilitation)
rehabilitation, 318
recklessness, 229–30, 233
reflective equilibrium, 40–41
remorse (see guilt, feelings of )
repentance, 419–20, 485–87
resentment, 202–04, 207
respect
for autonomy, 442, 451, 456
for persons, 409–12, 453–54
responsibility, 194–216, 239, 482–83, 502–08
condition of moral agency, 199–201, 206–07
criminal, 194–215, 379–80
diminished, 258, 285, 342
rights, 3, 9, 276, 450–51, 461
forfeiture of, 13, 275–76, 413
inalienable, 10, 13
waiver of, 13
sanctions (see punishment, modes of )
self-control, 214, 259
self-defense, 240, 250, 252–54, 275–76, 325, 343, 355–67
requirement of imminence, 358, 362–66, 394
requirement of reasonable belief, 356–62, 393–94
requirement of retreat, 365–67
shame, 200
speech, 17–33
freedom of, 18–23
hate, 23–28
threat
coercive, 60–66, 270–71
versus offer, 61–62, 270
torture, 441, 445, 453–54, 456
utilitarianism, 9, 148, 178, 208, 223, 276–77, 283 (see also consequentialism)
Volenti principle, 10–16
volition, 108, 109, 124, 185, 197, 258, 259–60, 273–74, 285, 309, 332, 333