By Antony Duff
This long-awaited publication, by means of the distinguished thinker Antony Duff, bargains a brand new point of view at the buildings of felony legislation and felony legal responsibility. The book's place to begin is a contrast among accountability (understood as answerability) and legal responsibility, and a belief of accountability as relational and practice-based. This concentrate on accountability, as an issue of being answerable to those that have the status to name one to account, throws new gentle on more than a few questions in legal legislation conception: at the query of criminalization, that may now be solid because the query of what we must always need to solution for, and to whom, less than the specter of felony conviction and punishment; on questions on the legal trial, as a technique by which defendants are referred to as to reply to, and in regards to the stipulations (bars to trial) given which an ordeal will be illegitimate; on questions about the constitution of offenses, the excellence among offenses and defenses, and the phenomena of strict legal responsibility and strict accountability; and on questions about the buildings of felony defenses. the internet result's now not a conception of legal legislations, however it is an account of the constitution of felony 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 interpreting for felony legislations theorists.
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Written via best philosophers and legal professionals from the us and the uk, this selection of unique essays bargains new insights into the doctrines that make up the overall a part of the legal legislation. It sheds theoretical gentle at the range and harmony of the final half and advances our figuring out of such key concerns as criminalisation, omissions, voluntary activities, wisdom, trust, reckelssness, duress, self-defence, entrapment and officially-induced mistake of legislation.
With a name for being one of many best possible introductory texts at the great legal legislations in England and Wales, Card, pass & Jones: legal legislation is still an organization favorite with teachers and scholars alike. rigorously constructed insurance guarantees that this textbook will help you all through your research assisting you to develop your realizing of the most important ideas governing felony legislation.
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Additional info for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
But, as we will see throughout this book, there are many other ways in which, and grounds on which, I can deny responsibility—even for my actions and their anticipated effects. Alternatively, however, I can admit responsibility, but avert liability by offering a defence: I must, I admit, answer for what I have done, but I offer an answer that, I claim, exculpates me. Theorists often do not distinguish responsibility from liability;10 one aim of this book is to show why the distinction matters. We will gain a clearer understanding (both analytical and critical) of the structure of the criminal law, and of the principles of criminal liability, if we distinguish two sets of questions: one concerns the conditions under which agents can be held criminally responsible, ie be called to answer in a criminal court; the other concerns the further conditions that must be satisfied if they are to be criminally liable for that for which they are criminally responsible.
In the simplest case, I deny responsibility by denying agency: I was not the person who broke your window. But, as we will see throughout this book, there are many other ways in which, and grounds on which, I can deny responsibility—even for my actions and their anticipated effects. Alternatively, however, I can admit responsibility, but avert liability by offering a defence: I must, I admit, answer for what I have done, but I offer an answer that, I claim, exculpates me. Theorists often do not distinguish responsibility from liability;10 one aim of this book is to show why the distinction matters.
Chapter 11 offers a sketch of the logical structure of defences: we need to distinguish not only justifications from excuses, and excuses from exemptions (excuses admit responsibility, whereas exemptions negate it), but also justifications from warrants; this will enable us to dissolve some controversies about the structure and scope of legal justifications. Here again my interest is in the structure rather than the content of the criminal law, and in fleshing out the distinction between responsibility and liability.