Locating complicity: choice, character, participation, dangerousness and the liberal subjectivist
Date
2013
Authors
Livings, B.
Smith, E.
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Reed, A.
Bohlander, M.
Bohlander, M.
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Book chapter
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Source details - Title: Participation in crime: domestic and comparative perspectives, 2013 / Reed, A., Bohlander, M. (ed./s), Ch.3, pp.41-58
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Abstract
The dominant liberal subjectivist account of the criminal law presupposes a nexus between the conduct and culpability of the defendant, the type and extent of any liability imposed, and the concomitant punishment. As such, liability should attach only where this accords with the requirements of individual justice. This priority manifests itself in the doctrinal structuring of criminal offences, which comprise a sufficiently causative actus reus in coincidence with the appropriate level of mental culpability, as signified by the requisite mens rea, and the absence of a justificatory or excusatory defence. This chapter examines the recent developments within the law relating to complicity, and argues that what has emerged is a heuristic measure of liability, where the regulatory function of the criminal law predominates over its concern for individual justice, and is in turn shaped by socio-political influences.
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Copyright 2013 Alan Reed and Michael Bohlander