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- Title
RETHINKING CULPABILITY AND WRONGDOING (IN THE CRIMINAL LAW—AND EVERYDAY LIFE).
- Authors
Funk, T. Markus
- Abstract
The article "Rethinking Culpability and Wrongdoing" by T. Markus Funk explores the concept of moral culpability and its relationship to criminal behavior. The author argues that individuals who prioritize their own interests over the rights and well-being of others impose unequal standing on their victims, which is a unique injury that should be considered in the grading of offenses and determination of appropriate punishment. The text emphasizes the importance of recognizing equal standing in the justice system and daily social interactions, as it allows for appropriate labeling of conduct, analysis of criminal proscriptions, and the reinforcement of positive social norms. The article also discusses the distinction between harming and wronging, the broader pattern of antisocial tendencies displayed by individuals who engage in criminal behavior, and the importance of equal standing in maintaining a well-ordered society. It concludes by stating that criminal conduct not only infringes on others' right to equal standing but also threatens concrete harm to victims and undermines societal order. The text also discusses the need for constraints on the state when enacting new criminal offenses and the importance of a justice system that imposes state sanctions only when necessary and using the least restrictive means available. It suggests that recognizing the imposition of unequal standing as a distinct and relevant injury can help reinforce equality-supporting civic bonds and shared norms in society.
- Subjects
CRIMINAL law; SMOKING laws; PUNISHMENT; RULE of law; CRIME; CRIMINAL justice system; LEGAL norms; CONSTRUCTION laws
- Publication
University of Cincinnati Law Review, 2024, Vol 92, Issue 4, p1080
- ISSN
0009-6881
- Publication type
Article