Skip to main content Accessibility help
×
Hostname: page-component-74656f9884-54qdv Total loading time: 0 Render date: 2026-11-10T04:52:36.948Z Has data issue: false hasContentIssue false

10 - Into the Gap: Evaluating Some Substantive Dissonances

Published online by Cambridge University Press:  05 May 2014

Morris B. Hoffman
Affiliation:
University of Colorado Boulder
Get access

Summary

The Reformer is always right about what is wrong. He is generally wrong about what is right.

G. K. Chesterton

We've seen that our brains have been organized by natural selection to blame wrongdoers on the basis of two central considerations: the wrongdoer's intent and the amount of harm he causes. Unless we are psychiatrically disabled, or are having parts of our brains deactivated by transcranial magnetic stimulation, we blame intentionally harmful acts most, intentionally harmful but ultimately harmless acts next, and unintentionally harmful acts least. In legal parlance, we blame intentional crimes most, attempted crimes next, and reckless or negligent crimes least. Inside each of these broad categories – when intent is a tie – we blame and then punish graded to harm.

There are, however, some legal doctrines that alter these two drivers of blame and punishment. In this chapter we apply the test we developed in Chapter 8 to four such dissonances: the felony-murder rule, corporate criminal liability, attempt, and conspiracy. This is hardly an exhaustive list of blame-dissonant legal doctrines. There's the whole world of strict liability, where the law holds people criminally responsible for harms regardless of whether they intended the harms or even whether they were as careful as they should have been. There are even civil doctrines that seem to conflict with our blaming instincts. There is also a whole category of legal rules and expectations that conflicts not with our blame instincts but with other evolved predispositions surrounding our decision-making. These include some of the process dissonances we discussed in the last chapter, as well as legal notions about causation and proof that seem in deep conflict with instincts we evolved about risks and probability.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×