By Antony Duff
This long-awaited booklet, by means of the distinguished thinker Antony Duff, bargains a brand new viewpoint at the constructions of felony legislations and felony legal responsibility. The book's start line is a contrast among accountability (understood as answerability) and legal responsibility, and a notion of accountability as relational and practice-based. This concentrate on accountability, as an issue of being answerable to people who have the status to name one to account, throws new gentle on more than a few questions in felony legislation concept: at the query of criminalization, that may now be solid because the query of what we should always need to resolution for, and to whom, less than the specter of legal conviction and punishment; on questions about the legal trial, as a method by which defendants are referred to as to reply to, and concerning 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 about the buildings of legal defenses. the internet result's now not a conception of legal legislation, 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 may be crucial analyzing for legal legislation theorists.
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Additional resources for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
I should also make explicit here a further limitation on the scope of this book: that it will focus on the responsibilities of individual agents in relation to what they do as individuals. I will not discuss the prospective or retrospective responsibilities of corporations or other kinds of collective; nor will I discuss the ways in which we can collaborate or be complicit in each others’ actions and the responsibilities that different modes of participation involve. ) The net result of these 11 chapters is not a theory of criminal law; but it is an account of the structure of criminal law as an institution (or set of institutions) through which a liberal polity can define a realm of public wrongdoing, and call those who perpetrate (or are accused of perpetrating) such wrongs to account.
Should normative theorists aspire to an a-historical, a-contextual universality that speaks of what the criminal law should be at all times and places—in any society, whenever and wherever it exists? Or should they recognise, as critics argue, that the historical and cultural contingency not only of systems of criminal law, but of normative theorising about the 32 For an ambitious sketch of a theory with this broad scope see Braithwaite and Pettit, 1990. There has been an increase in serious theoretical work on many of these other aspects of criminal law: on the criminal trial (eg Burns, 1999; Duff et al, 2004, 2006, 2007) and its rules (eg Roberts and Zuckerman, 2004); on criminal justice and the criminal process (eg Lacey, 1994; Zedner, 2004; Ashworth and Redmayne, 2005); and on criminalisation (eg Schonsheck 1994; Husak, 2007).
To call responsibility relational might then be taken to mean that I am responsible if, and only if, some person or body actually holds me responsible by calling me to answer; and that when I am thus called to 21 Thanks to Henry Laycock, Mick Smith and Victor Tadros (who provided the example) for this objection. 22 On some versions of ‘deep ecology’, we might owe that responsibility to the natural world, or to the eco-system, itself. This would then be one of a number of cases in which we are responsible to people or beings (responsibilities to infants and animals provide other examples) who cannot themselves call us to answer; in such cases, other people might claim the standing to act, and to call, on their behalf.
Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today) by Antony Duff