Antony Duff's Answering for Crime: Responsibility and Liability in the PDF

By Antony Duff

ISBN-10: 1841137537

ISBN-13: 9781841137537

This long-awaited ebook, through the prestigious thinker Antony Duff, deals a brand new viewpoint at the buildings 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 various questions in legal legislation thought: at the query of criminalization, that can now be solid because the query of what we should always need to resolution for, and to whom, lower 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 respond to, and concerning the stipulations (bars to trial) given which a tribulation 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 on the buildings of felony defenses. the web result's no longer a concept of legal legislation, however it is an account of the constitution of felony legislation 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 info for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)

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Similarly, if I treat a friend badly (I let her down, or fail to respond sympathetically when she calls on me for help), I am responsible to her, and to our other friends, for that moral failure; but I am not responsible to the passing stranger or to the Old Bailey judge. If we have moral responsibilities simply as moral agents or as human beings, they are indeed owed to other moral agents or to other human beings, as such, in which case I am in principle answerable to any other moral agent or to any other human being for my failures to discharge them;20 but not all our moral responsibilities are of that kind.

Once we distinguish responsibility from liability, we can bring the relational dimensions of responsibility into clearer focus. 2. Responsibility as Relational It is a commonplace that responsibility involves a dyadic relationship: an agent is responsible for something. The relational conception of responsibility that concerns us here is not merely dyadic, but triadic: I am responsible for X, to S—to a person or body who has the standing to call me to answer for X. I am also responsible for X to S as Φ—in virtue of satisfying some normatively laden description that makes me responsible (prospectively and retrospectively) for X to S.

Position: 9 / Date: 10/9 JOBNAME: Duff: Answering for PAGE: 10 SESS: 3 OUTPUT: Fri Oct 19 13:10:11 2007 Responsibility and Liability answer what I must look for is an answer that will satisfy the particular person or body that holds me responsible—which would indeed be to portray responsibility as strongly ‘relative to an audience’. The relational conception that I offer here is not, however, so radically relativistic. As a matter of descriptive theory, we can note what people are or are not held responsible for in this or that forum, under the norms of this or that practice, and what kinds of answer do in fact satisfy, or according to the practice’s norms should satisfy, the particular audience; our descriptive accounts are then relativised to particular fora and practices.

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Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today) by Antony Duff


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