In this long-awaited book, Antony Duff offers a new perspective on the
structures of criminal law and criminal liability. His starting point
is a distinction between responsibility (understood as answerability)
and liability, and a conception of responsibility as relational and
practice-based. This focus on responsibility, as a matter of being
answerable to those who have the standing to call one to account,
throws new light on a range of questions in criminal law theory: on
the question of criminalisation, which can now be cast as the question
of what we should have to answer for, and to whom, under the threat of
criminal conviction and punishment; on questions about the criminal
trial, as a process through which defendants are called to answer, and
about the conditions (bars to trial) given which a trial would be
illegitimate; on questions about the structure of offences, the
distinction between offences and defences, and the phenomena of strict
liability and strict responsibility; and on questions about the
structures of criminal defences. The net result is not a theory of
criminal law; but it is an account of the structure of criminal law as
an institution through which a liberal polity defines a realm of
public wrongdoing, and calls those who perpetrate (or are accused of
perpetrating) such wrongs to account.
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Responsibility and Liability in the Criminal Law
Produktdetaljer
ISBN
9781847313928
Publisert
2015
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter