Download Answering for Crime: Responsibility and Liability in the by Antony Duff PDF

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.

Show description

Read or Download Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today) PDF

Similar criminal law books

Informal Reckonings: Conflict Resolution in Mediation, Restorative Justice, and Reparations

The 'reparational flip' within the box of legislation has led to the elevated use of so-called 'informal' methods to clash solution, together with essentially the 3 mechanisms thought of during this publication: mediation, restorative justice and reparations. whereas proponents of those mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all possibly function capability for encouraging voters to internalize and mimic the rationalities of governance.

Trace Evidence Analysis: More Cases in Mute Witnesses

Hint proof research keeps and builds upon the culture of its winning spouse name Mute Witnesses (2000). Written by means of the various most sensible working towards forensic scientists, each one bankruptcy explains intimately the detective and analytic paintings that is going into fixing complicated circumstances. The e-book includes 9 totally new circumstances, each one self-contained in its personal bankruptcy, overlaying every thing from homicides to coincidence reconstruction.

The Constitution of the Criminal Law

The 3rd e-book within the Criminalization sequence examines the constitutionalization of legal legislation. It considers how the felony legislation is constituted during the political techniques of the kingdom; how the brokers of the felony legislations could be answerable to it themselves; and eventually, how the felony legislations will be constituted as a part of the foreign order.

Interviewing Rape Victims: Practice and Policy Issues in an International Context

This research offers a distinct evaluation of the cultural, social and sensible points of interviewing rape sufferers. Exploring a number matters that have an effect on rape instances together with discourse, gender, attitudes and victim's rights, wealthy unearths the complexities of sexual attack and appears to how groups can paintings to answer and wrestle such violence.

Extra resources for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)

Sample text

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.

Download PDF sample

Rated 4.47 of 5 – based on 26 votes