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Guilt beyond guilt : from political theory to metaphysics with Herbert Morris
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Wilson, Amanda (2021) Guilt beyond guilt : from political theory to metaphysics with Herbert Morris. Modern Law Review, 84 (1). pp. 89-117. doi:10.1111/1468-2230.12580 ISSN 0026-7961.
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Official URL: https://doi.org/10.1111/1468-2230.12580
Abstract
As it is presently conceptualised and applied in criminal law, moral guilt is bound by a narrow, legalistic framework that is rooted in a liberal political philosophy. In this paper, drawing on the work of Herbert Morris, I seek to open up and deepen the concept of moral guilt. I do this through the development of a four‐fold typology of guilt that charts Morris's journey from political theory to metaphysics that includes the following forms: moral‐legal guilt; moral‐psychological guilt; quantum guilt; and metaphysical guilt. In deepening our understanding of moral guilt, the typology compels us to consider alternative conceptions of guilt that would take into account a person who feels guilt not only towards others, but also towards themselves and the world. I argue that Morris's journey has important implications for how we think about the critical relationship between theory and law as well as restorative justice.
Item Type: | Journal Article | |||||||||
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Subjects: | K Law [Moys] > KA Jurisprudence | |||||||||
Divisions: | Faculty of Social Sciences > School of Law | |||||||||
Library of Congress Subject Headings (LCSH): | Guilt (Law), Law -- Philosophy, Criminal justice, Administration of -- Psychological aspects, Punishment (Psychology), Criminal psychology | |||||||||
Journal or Publication Title: | Modern Law Review | |||||||||
Publisher: | Wiley-Blackwell Publishing Ltd. | |||||||||
ISSN: | 0026-7961 | |||||||||
Official Date: | January 2021 | |||||||||
Dates: |
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Volume: | 84 | |||||||||
Number: | 1 | |||||||||
Page Range: | pp. 89-117 | |||||||||
DOI: | 10.1111/1468-2230.12580 | |||||||||
Status: | Peer Reviewed | |||||||||
Publication Status: | Published | |||||||||
Access rights to Published version: | Open Access (Creative Commons) | |||||||||
Date of first compliant deposit: | 31 July 2020 | |||||||||
Date of first compliant Open Access: | 20 October 2020 | |||||||||
RIOXX Funder/Project Grant: |
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