9) Note that this defence of the lenient view against Dougherty's inference to the best explanation of this case is not committed to these features being sufficient to explain either the wrongfulness
of D'Artagnan's deception or even the difference between that deception and deceptions the lenient view sees differently.
81 Under the Vorsatztheorie, consciousness of wrongfulness
is an intent element of a crime definition.
of scenarios, they were asked to rate the wrongfulness
of a brutal and
92) The addition of a mens rea term ("knew or should have known") is interesting; it suggests that greater blameworthiness and not merely greater wrongfulness
is the enhancement's concern, that the focus should be on the offender and not merely his deed.
My egoist might be prepared to quite self consciously avoid doing wrong and believe that it is the wrongfulness
of some action that prevents his doing it.
Again, Chalmers and Leverick suggest that prospective offenders are concerned less with the expression of wrongfulness
conveyed by the offence label than with the likelihood of enforcement--that is, with the rules that govern exercises of official discretion.
62) All the same, the basis of this wrongfulness
remains largely subjective, even though it is connected to the works themselves.
The second set of scenarios concerned three issues: the wrongfulness
of accepting money or other things of value as a quid pro quo versus accepting money or other things of value as a mere gift; the wrongfulness
of a bribe accepted by a public official versus a bribe accepted by an official of a private company; and the wrongfulness
of soliciting or accepting a bribe versus offering or giving a bribe.
Or, in the alternative, is it ever justified by "necessity" so that the wrongfulness
of a state's action would be precluded before a court of law such as the ICJ?
The civilian-influenced concept of wrongfulness
or unlawfulness in the South African law of delict has been an important basis for judicial reasoning toward wider liability of public authorities.
Ristea, Ion (2011), "Global Accounts of the Wrongfulness
of Criminal Behavior," Contemporary Readings in Law and Social Justice 3(1): 110-115.
After raising some worries with these accounts, the author offers an alternative account of global egalitarianism, social egalitarianism, which locates the wrongfulness
of global inequalities in their effects on social and political interaction rather than in the unfairness of their source.