Responsibility, Liability, and Retribution

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This chapter, co-authored with Jaap Hage, focuses on the relationship between liability in (criminal) law, responsibility, and retribution. It addresses the question of whether law – in particular criminal law – should base liability on responsibility and whether responsibility should be based on retributivism. In examining these questions, the aim of the chapter is to present the main lines of the debates surrounding them and to examine whether – and if so, how – compatibilism is a means to reconcile the different positions within those debates. A central role in this regard is reserved for a social practice we call ‘the practice of agency’ and the tension between two different ways of looking at the world around us, namely the phenomenological and the realist way.

Hage, J., & Waltermann, A. (2021). Responsibility, Liability, and Retribution. In B. Brozek, J. Hage, & N. Vincent (Eds.), Law and Mind: A Survey of Law and the Cognitive Sciences (pp. 255-288). Cambridge University Press. Law and the Cognitive Sciences

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