HERBERT MORRIS
See also CRIME: DEFINITION; EXCUSE: THEORY; JUSTIFICATION: THEORY; MENS REA; PUNISHMENT; STRICT LIABILITY; VICARIOUS LIABILITY.
The drama of guilt is enacted upon a wider stage than that set by law. Betraying a friend, lying subtly to oneself, or perhaps even telling an injurious truth to another are among the many types of conduct that may give rise to some guilt—but not necessarily to legal guilt. The subject of this article is legal guilt. But because this legal concept is arguably weighted with moral significanc…
The verdicts of guilty and not guilty are legally significant acts that are embedded in a complex rule-defined practice in which charges are leveled, hearings held, and judgments rendered. What is a verdict? As distinguished from the factual assumptions underlying it, a verdict is not a statement of fact that one is or is not guilty as charged. Verdicts themselves are neither true nor false, but v…
We have seen that the norms governing the practice of rendering verdicts require that those charged with the responsibility consider the evidence relevant to factual legal guilt. In our own system of criminal law a verdict of guilt is to be returned only if it is believed beyond a reasonable doubt that the defendant is indeed guilty. Although the verdict is not a statement of fact, it presupposes …
How are these concepts related beyond what has been suggested above? There can, of course, be moral guilt without legal guilt, legal guilt without moral guilt, and a range of instances in which the two overlap. Earlier, there were listed a number of examples of what might occasion moral guilt without legal guilt. To this list might be added those cases where compliance with evil laws creates moral…
What is the sense of guilt, and how is it related, if at all, to law? Guilt is a human sentiment that manifests itself in our inhibition from doing what we believe to be wrong and in our feeling guilty when we do what we believe to be wrong. Thus, it operates both in a forward-and a backward-looking manner. In this respect it resembles conscience, which "doth make cowards of us all" …
From Ezekiel we learn: The soul that sins shall die. The son shall not suffer for the iniquity of the father, nor the father suffer for the iniquity of the son; the righteousness of the righteous shall be upon himself, and the wickedness of the wicked shall be upon himself [18:20]. These words mark a dramatic change in prior practices related to guilt; it was individualized. With Christianity anot…
——. "The Decline of Guilt." Ethics 99, no. 1 (1988): 62–76. …
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User Comments
4 months ago
Please, what is the source (published in any book or legal journal) of
Guilt - Factual Legal Guilt
i really found the article intelligent and well expressed.
thank you,
rene
renekpardo@yahoo.com