By Antony Duff
This long-awaited publication, by means of the distinguished thinker Antony Duff, deals a brand new point of view at the constructions of legal legislations and felony legal responsibility. The book's place to begin is a contrast among accountability (understood as answerability) and legal responsibility, and a notion of accountability as relational and practice-based. This specialize in accountability, as a question of being answerable to people who have the status to name one to account, throws new mild on more than a few questions in felony legislation concept: at the query of criminalization, that could now be forged because the query of what we must always need to solution for, and to whom, below the specter of felony conviction and punishment; on questions on the felony trial, as a strategy by which defendants are known as to respond to, and in regards to the stipulations (bars to trial) given which a tribulation will be illegitimate; on questions on the constitution of offenses, the excellence among offenses and defenses, and the phenomena of strict legal responsibility and strict accountability; and on questions on the buildings of legal defenses. the internet result's now not a concept of felony legislations, however it is an account of the constitution of legal legislations as an establishment during which a liberal polity defines a realm of public wrongdoing, and calls to account those that perpetrate (or are accused of perpetrating) such wrongs. Answering for Crime could be crucial examining for legal legislations theorists.
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Extra resources for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
Chapter 8 examines a range of conditions that constitute legal or moral bars to trial—conditions given which we cannot legitimately hold a suspected offender criminally answerable. It is important to distinguish these trial-barring conditions from those that justify an acquittal at trial (the significance of this distinction is highlighted once we focus on responsibility, as distinct from liability, as a matter of answerability); by 17 Columns Design Ltd / Job: Duff / Division: Answering_for_Crime_Intro_1 /Pg.
It is when ‘the law in action’ diverges in such systematic ways as these from ‘the law in the books’ that the (‘real’) content of the criminal law becomes doubtful: but such cases also raise two obvious worries. First, in allowing such extensive discretion to officials, we open the way not just to errors due to incompetence or carelessness, but to the oppressive use of discretion—to the selective enforcement of the law against particular groups, or to the use of threats of prosecution as a means of inducing compliance with officials’ wishes or demands (for instance for information).
Although I will not be able to suggest a determinate set of principles or criteria by which we can decide what kinds of conduct should, in principle, be criminal (life and any plausible system of criminal law are far too messy for that), I will show what role these principles or requirements can, once suitably interpreted, play in deliberations about criminalisation; I will also show how we can clarify the issues involved by focusing on the relational question of what we should have to answer for, as citizens, to our fellow citizens, under the aegis of the criminal law, and on the idea of crimes as public wrongs.