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4 - Parsimony

Offsetting Misrecognition at Culpability Evaluation

from Part II - Paradigm and Principle

Published online by Cambridge University Press:  26 July 2025

Louise Kennefick
Affiliation:
University of Glasgow
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Summary

Chapter 4 further justifies the Universal Partial Defence (UPD) on a paradigmatic plane by exploring the second (political) deficit to which the Real Person Approach (RPA) responds. It deploys the principle of parsimony to explain how the weight afforded to the dominant rational agency account contributes to a form of conceptual punitiveness at culpability evaluation, which is reinforced by a broader culture of responsibilisation. Applying the RPA, the chapter conceptualises punitive excess at culpability evaluation as a form of pathogenic vulnerability, unearthing a discrete version of misrecognition at this site. In response, the recognitive justice feature of the RPA is engaged to consider how we might ameliorate this particular variant of social injustice. Drawing on recent scholarship promoting a more modest approach to criminal responsibility attribution, the principle of parsimony is reauthenticated as a core tenet of the criminal law, supporting the call for a UPD at the doctrinal level.

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  • Parsimony
  • Louise Kennefick, University of Glasgow
  • Book: The Boundaries of Blame
  • Online publication: 26 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009386142.007
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  • Parsimony
  • Louise Kennefick, University of Glasgow
  • Book: The Boundaries of Blame
  • Online publication: 26 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009386142.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Parsimony
  • Louise Kennefick, University of Glasgow
  • Book: The Boundaries of Blame
  • Online publication: 26 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009386142.007
Available formats
×