ABSTRACT
This chapter focuses on the first aspect of the distribution of punishment, namely criminal responsibility. First, I explore the origins of Hart’s rule of responsibility (only those who broke the law, have certain capacities and had a fair opportunity to obey can be punished) and I explain why it owes much to ordinary language philosophy – an aspect of his work that is often forgotten or overlooked. Second, I clarify the meaning of each component of Hart’s rule of responsibility, paying particular attention to the “fair opportunity” clause. Third, I examine Hart’s pluralist justification of this rule: I show why it is not based on the principle of utility but on two values or clusters of values, liberty and justice. Fourth, I study the relationship between Hart’s rule of responsibility and determinism.
