ABSTRACT

Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. There are at least three approaches to an analysis of complicity. The first is a juristic; it adverts to the theoretical grounds for complicity in the law. The second is a joint-action approach which grounds complicity in the shared actions and intentions of individuals engaged in a cooperative project. The third is a group-agency approach which locates complicity in the individuals who together compose a group agent. An appeal to the supposedly "derivative" character of complicity is of no help, since we still need to explain why a contributor can be derivatively liable for a wrong that she did not empower the principal to commit. However, the doctrine of complicity states that an individual can be liable for the crimes of someone else: the individual who actually committed the crime.