Causeless complicity

Condoning the Crime: The Elusive Mens Rea for Complicity

There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, t...

Complicity in stem cell research: the case of induced pluripotent stem cells.

Many who object to human embryonic stem cell (hESC) research because they believe it involves complicity in embryo destruction have welcomed induced pluripotent stem cell (iPSC) research as an ethical alternative. This opinion article aims to show that complicity arguments against hESC research are prima facie inconsistent with accepting iPSC research as it is currently done. Those who oppose h...

Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics

Persons of faith are now seeking religious exemptions from laws concerning sex, reproduction, and marriage on the ground that the law makes the objector complicit in the assertedly sinful conduct of others. We term claims of this kind, which were at issue in Burwell v. Hobby Lobby Stores, complicity-based conscience claims. Complicity-based conscience claims differ in form and in social logic f...

Analyzing complicity in risk.

When risks generate anger rather than fear, there is at least someone who regards the imposition of those risks as wrongdoing; and it then makes sense to speak of the involvement in producing those risks as complicity. It is particularly relevant to examine the complicity of risk bearers, because this is likely to have a strong influence on how far other actors should go in providing them with ...

Moore on Causing, Acting, and Complicity