ABSTRACT

The law specifies a large diversity of government responses to the intentional behavior of citizens, often specifying a different response, or no response, to happenings that are not the products of agency. Collectivists are apt to think of these labels as marking different kinds of "togetherness," or collective intentionality. The same conceptual issue just discussed at length in connection with complicity can be raised about both cases of joint perpetration and vicarious liability. The distinctively individual quality of punishment encourages the thought that criminal liability is incurred not thanks to the intentional behaviors of groups but thanks, instead, to the intentional behaviors of individuals. Criminal law is the only area of law concerned with the allocation of punishment. The individualist position requires the claim that whenever a particular form of behavior is criminalized, lending aid to the commission of that crime is also criminalized.