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Answering for Crime: Responsibility and Liability in the Criminal Law: Legal Theory Today

Autor R. A. Duff
en Limba Engleză Hardback – 15 noi 2007
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
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Specificații

ISBN-13: 9781841137537
ISBN-10: 1841137537
Pagini: 342
Dimensiuni: 156 x 234 x 27 mm
Greutate: 0.66 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Legal Theory Today

Locul publicării:London, United Kingdom

Caracteristici

Renowned legal philosopher and theorist Antony Duff's long-awaited theory of why certain behaviour is termed criminal, how we decide society's response to crime.

Notă biografică

Antony Duff is Professor of Philosophy at the University of Stirling. He is the author of numerous works on general philosophy, on the philosophy of law, and most particularly on the philosophy of crime and punishment.

Cuprins

INTRODUCTION1. RESPONSIBILITY AND LIABILITY2. CRIMINALLY RESPONSIBLE AS WHAT, TO WHOM?3. RESPONSIBLE FOR WHAT?4. CRIMINALLY RESPONSIBLE FOR WHAT? (1) CRIMES AS WRONGS5. CRIMINALLY RESPONSIBLE FOR WHAT? (2) ACTION AND CRIME6. CRIMINALLY RESPONSIBLE FOR WHAT? (3) HARMS, WRONGS AND CRIMES7. STRUCTURES OF CRIME: ATTACKS AND NDANGERMENTS8. ANSWERING AND REFUSING TO ANSWER9. OFFENCES, DEFENCES AND THE PRESUMPTION OF INNOCENCE10. STRICT LIABILITY AND STRICT RESPONSIBILITY11. UNDERSTANDING DEFENCES