IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this paper or follow this series

Some Doubts About Arguement by Hypothetical

  • Paul Robinson

    (University of Pennsylvania Law School)

Registered author(s):

    In his paper, Why the Successful Assassin Is More Wicked than the Unsuccessful One, Leo Katz "pick[s] up the gauntlet [Sandy] Kadish throws down" to offer a nonconsequentialist justification for giving significance to resulting harm and, in particular, to justify the common practice of punishing attempts less than the completed offense. In one sense, I may not be the ideal person to serve as critic. I am not one of those who, like Kadish and others, does not believe in the significance of resulting harm in assessing blameworthiness (people whom Katz calls the "luck- skeptics" but to whom I will refer as the "nonbelievers" in the significance of resulting harm).I will try to perform the mental gymnastics of pretending to be a nonbeliever as I evaluate Professor Katz's arguments. As Part I explains, I fear the nonbeliever will be unpersuaded. Whatever the outcome of the debate as Professor Katz presents it, the method of his argument raises issues that I think are just as interesting as its outcome. My social science work, as limited as it is, gives me pause when assessing the argument-by-hypothetical method that Professor Katz uses so ingeniously here (and elsewhere). Relatedly, I have some doubts about using our intuitions in the way Professor Katz would have us use them here (and elsewhere), or at least doubts about whether we can draw from them the kind of conclusions about moral desert that Professor Katz would have us draw.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: http://lsr.nellco.org/cgi/viewcontent.cgi?article=1051&context=upenn/wps
    Download Restriction: no

    Paper provided by University of Pennsylvania Law School in its series Scholarship at Penn Law with number upenn_wps-1051.

    as
    in new window

    Length:
    Date of creation:
    Date of revision:
    Handle: RePEc:bep:upennl:upenn_wps-1051
    Contact details of provider: Web page: http://www.law.upenn.edu/

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:bep:upennl:upenn_wps-1051. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Christopher F. Baum)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.