A Reply to Our Critics
We thank our Mitch Berman, Doug Husak, Leo Katz, Jae Lee, and Alvaro Sandroni for their engagement with our recent book, Reflections on Crime and Culpability, as well as our more general positions on the criminal law. Because two commentaries cover a wide range of topics, and two focus on specific issues, we will first cover the wide rangers, Katz/Sandroni and Husak, before turning to the challenges raised by Berman with respect to negligence and Lee with respect to proxy crimes.
When we wrote Crime and Culpability in 2009, we offered a culpability-based theory of the criminal law. Our more recent book was not an attempt to “rethink” our current views (hence the title of “reflections” not “rethinking”), but to engage with a series of more difficult questions that our first book did not cover. Though we do rethink a question or two on occasion, this second monograph is intended as its own standalone work.
culpability, criminal responsibility, retribution
Criminal Law and Philosophy
16 Crim. L. & Phil. 485 (2022).