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Record W2044952659 · doi:10.7202/043479ar

Character, Choice and Criminal Responsibility

2005· article· en· W2044952659 on OpenAlexvenueno aff
George Mousourakis

Bibliographic record

VenueLes Cahiers de droit · 2005
Typearticle
Languageen
FieldNeuroscience
TopicFree Will and Agency
Canadian institutionsnot available
Fundersnot available
KeywordsBlameVoluntarinessPunishment (psychology)Criminal lawCulpabilityMoral responsibilityMoral characterStrict liabilityAttributionMens reaLawPsychologyLaw and economicsLiabilitySociologyPolitical scienceSocial psychology

Abstract

fetched live from OpenAlex

This paper examines the issue of criminal responsibility and the role of legal excuses from two theoretical viewpoints : the character theory and the choice theory of responsibility. The character theory claims that the moral assessment of an offender's character is a necessary prerequisite of criminal liability and punishment. Legal excuses preclude the attribution of moral and legal blame because, by negating voluntariness, they block the inference from a wrongful act to a flawed character. The choice theory, on the other hand, claims that criminal responsibility pertains to the voluntary violation of the law rather than to the doing of an immoral act as such. For the choice theorist criminal responsibility is concerned with choices rather than with character traits. From this point of view, excuses are taken to preclude criminal liability because, when these conditions are present, the actor does not have sufficient capacity or a fair opportunity to choose to act according to law. The paper concludes that the character theory, by placing the emphasis on those character traits that motivate a person's choices offers a better basis for understanding the moral significance of human actions and for explaining and justifying the attribution of criminal responsibility and punishment.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Bench or experimental · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.494
Threshold uncertainty score0.388

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.021
GPT teacher head0.255
Teacher spread0.234 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designBench or experimental
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2005
Admission routes1
Has abstractyes

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