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Essay on Main Ideas

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Philosophy 2080
James Hildebrand

CRIMINAL LAW ESSAY ON MAIN IDEAS A FLEETING THOUGHT y An element of defiance y It was the defiance of a norm against creating a risk which risk to human life he perceived both as slight and as of no particular interest anyway y There is a legal difference for the reckless dont mean to ANSWERABLE DEFIANCE y The principle the more intentional the bad action is the worse crime it is and the less intentional the better the less worse y The less foreseen the less intentional but the more reckless y Law demands a normative decision y Exhibited answerable defiance of the norm given the odds as himself saw them to be y To be able finally and fairly to concludeNORMATIVE ISSUE FOR OBJECTIVE DETERMINATION y When we act with direct intention we act for the sake of the reasons favouring a certain result y Adopt a description of the thing that we have planned to do y When there is oblique intention w consciously produce a sideeffect despite the reasons we know to be against it y The fact likens oblique intention to direct intention at a basic level of action and effect description and provides something essential for us to declare about the foreseer y To establish responsibility for the results of direct intention but not to establish responsibility for the obliquey Trigger her own responsibility for sideeffects and so to establish either oblique intention or if not then recklessness y Oblique intentions proper attribution and as we shall see of recklessness too takes a hidden nonfactual normative turn into the world of justice y The lack of direct unintentionality that raises for us a question of justice over the finding of an agents responsibility in ascribing answerability and finally in determining whether punishment is morally deservedA TAMED OBJECTIVITY
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