By Antony Duff
This long-awaited ebook, through the prestigious thinker Antony Duff, deals a brand new standpoint 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 concentrate on accountability, as an issue of being answerable to those that have the status to name one to account, throws new mild on quite a number questions in legal legislation concept: at the query of criminalization, that can now be forged 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 procedure by which defendants are known 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 about the buildings of felony defenses. the web result's now not a conception of legal legislations, however it is an account of the constitution of legal legislation as an establishment in 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 felony legislation theorists.
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Additional info for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
7 21 Columns Design Ltd / Job: Duff / Division: Answering_for_Crime_1 /Pg. Position: 3 / Date: 10/9 JOBNAME: Duff: Answering for PAGE: 4 SESS: 3 OUTPUT: Fri Oct 19 13:10:11 2007 Responsibility and Liability I am responsible for that for which I must answer, and I must answer for that which there was reason for me not to do: I must answer morally for doing what there was moral reason not to do, and criminally for doing what, according to the criminal law, there was legal reason for me not to do.
There will be someone to whom I am responsible, as a member of the church, for my religious practices—perhaps my priest, the other members of my congregation, or only God. There are people to whom I am responsible as a member of a football team—other members, our supporters if we have any: depending on the kind of team it is, I may be responsible to them not merely for how I play (and whether I turn up), but for keeping fit and joining in training. But I am not responsible to my academic colleagues for my footballing performance, any more than I am responsible to my fellow footballers for my performance as a teacher.
Suppose that someone vandalises the plants and trees on an uninhabited island that no one owns: surely we can say that he is responsible for that vandalism without being able to specify anyone to whom he is responsible, 20 I leave open the question of whether the class of ‘moral agents’ to whom I would be answerable extends beyond the class of ‘human beings’—though I think it does not (see Gaita, 1991: ch 3). I am answerable only ‘in principle’ because there are often good reasons why others should refrain from calling me to account.