The Resource Criminally ignorant : why the law pretends we know what we don't, Alexander Sarch

Criminally ignorant : why the law pretends we know what we don't, Alexander Sarch

Label
Criminally ignorant : why the law pretends we know what we don't
Title
Criminally ignorant
Title remainder
why the law pretends we know what we don't
Statement of responsibility
Alexander Sarch
Creator
Author
Subject
Language
eng
Summary
This is a book about the legal fiction that sometimes we know what we don't. The willful ignorance doctrine says defendants who bury their heads in the sand rather than learn they're doing something criminal are punished as if they knew. Not all legal fictions are unjustified, however. This one, used within proper limits, is a defensible way to promote the aims of the criminal law. Preserving your ignorance can make you as culpable as if you knew what you were doing, and so the interests and values protected by the criminal law can be promoted by treating you as if you had knowledge. This book provides a careful defense of this method of imputing mental states based on equal culpability. On the one hand, the theory developed here shows why the willful ignorance doctrine is only partly justified and requires reform. On the other hand, it demonstrates that the criminal law needs more legal fictions of this kind. Repeated indifference to the truth may substitute for knowledge, and very culpable failures to recognize risks can support treating you as if you took those risks consciously. Moreover, equal culpability imputation should also be applied to corporations, not just individuals. Still, such imputation can be taken too far. We need to determine its limits to avoid injustice. Thus, the book seeks to place equal culpability imputation on a solid normative foundation, while demarcating its proper boundaries. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for reform
Cataloging source
DLC
http://library.link/vocab/creatorName
Sarch, Alexander
Index
index present
LC call number
K5065
LC item number
.S26 2019
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Criminal liability
  • Criminal law
  • Guilt
  • Criminal law
  • Criminal liability
Label
Criminally ignorant : why the law pretends we know what we don't, Alexander Sarch
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Corporations keeping themselves in the dark
  • Criminal law basics and the willful ignorance doctrine
  • What is criminal culpability
  • The scope of the willful ignorance doctrine (I)
  • The scope of the willful ignorance doctrine (II) : the duty to reasonably inform oneself
  • Toward a normative theory of equal culpability imputation
  • Iterated reckless ignorance as a substitute for knowledge
  • Substituting willful ignorance for purpose?
  • Subwillful motivated ignorance
Dimensions
25 cm
Extent
xiii, 282 pages
Isbn
9780190056575
Lccn
2018052698
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
  • (OCoLC)1076407259
  • (OCoLC)on1076407259
Label
Criminally ignorant : why the law pretends we know what we don't, Alexander Sarch
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Corporations keeping themselves in the dark
  • Criminal law basics and the willful ignorance doctrine
  • What is criminal culpability
  • The scope of the willful ignorance doctrine (I)
  • The scope of the willful ignorance doctrine (II) : the duty to reasonably inform oneself
  • Toward a normative theory of equal culpability imputation
  • Iterated reckless ignorance as a substitute for knowledge
  • Substituting willful ignorance for purpose?
  • Subwillful motivated ignorance
Dimensions
25 cm
Extent
xiii, 282 pages
Isbn
9780190056575
Lccn
2018052698
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
  • (OCoLC)1076407259
  • (OCoLC)on1076407259

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