Answering for Crime
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북카드
This is the paperback edition of Antony Duff's acclaimed new work 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. 'For a criminal law theorist, this book is simply a must read. Duff's sweeping coverage of criminal law-ranging from the act requirement to justifications and excuses-offers a structural edifice that is indispensible. Though one may not always agree with Duff, his original analysis and complex rethinking provides significant insights into the most central questions within criminal law theory. One cannot help but learn from Duff. And anyone who wishes to be taken seriously in criminal law theory will have to grapple with his arguments.' Kimberley Kessler Ferzan, Criminal Justice Ethics, 2009 'Philosophers who specialize in normative inquiries but find the time to read only one book in criminal theory every few years should immediately place Answering for Crime at the very top of their pile. It is the best book to have appeared in the philosophy of criminal law in the last decade, and the finest book ever to have focused on the structure of criminal responsibility. Answering for Crime cements Antony Duff's reputation as one of the two most important philosophers of criminal law living in the Anglo-American world today....Answering for Crime is an exceedingly original work of legal philosophy written in a refreshingly accessible style...I believe that any future work on the structure of criminal responsibility and liability must begin with Duff's work. No existing book in the philosophy of criminal law can rival the breadth, scope, and sophistication contained in Duff's analysis. I admire Answering for Crime deeply and recommend it strongly not only to criminal theorists, but also to all philosophers interested in how criminal theory sheds light on normative inquiry generally.' Douglas Husak, Law and Philosophy, 2009 '...the book is an ambitious one, and has implications for almost every aspect of criminal law theory...As was to be expected from one of the most philosophically sophisticated yet institutionally sensitive writers in the field of criminal law theory, Answering for Crime is a rich book that makes a very substantial contribution to the discipline...The argument is complex and, particularly in the early chapters, does not always make for easy reading; but the conception is clear, elegant, and fully worked through...' Nicola Lacey, New Criminal Law Review, 2009 'It covers so many important issues with such clarity and rigour that one review cannot possibly do it justice...What Duff says about crimes, but also his views about a whole range of other issues, are deeply thought out and important...Duff's book does more to articulate a clear and structured view of criminal
Duff's publication Answering for Crime is cause to celebrate because, while it includes some previously published material, it is a seamless exposition of a unified and original thesis...I cannot do justice to the richness and nuance of Answering for Crime...it brims with insights even apart from its central thesis...I have no doubt that this book will be regarded as a major contribution to criminal law theory. The book overflows with sophisticated collateral insights, and its central thesis will surely become a focus of scholarly attention for years to come.Peter WestenOxford Journal of Legal StudiesVol 28, No 3, 2008...an important yet highly readable book...contains many new insights and which, equally importantly, tackles complex issues of criminal law theory with a rare clarity...this book proves that complex issues can be discussed at an elevated level without making them incomprehensible to all but a small group of dedicated theorists. Indeed, the book should be of interest not just to academics but also to students and even- unusually for a book in this field - practitioners and policy makers.Fiona LeverickEdinburgh Law ReviewVol 13, 2009Answering for Crime is an important contribution to criminal law theory. Academics interested in criminal law will find Duff's newest opus a rich resource and a rewarding target. One can, however, go further: Canadian criminal law practitioners will find it has much to say on issues of concern to them as counsel in particular cases and more generally as lawyers seeking to improve the administration of justice.Michael PlaxtonCanadian Criminal Law ReviewVolume 13, Number 3, Sept 2009...the greatest contribution of this marvelous book lies in Antony Duff's elegant and arresting vision of criminal law's conceptual foundation...magnificent..Adil Ahmad HaqueThe Law and Politics Book ReviewVol. 18 No.5 (May 2008)
작가정보
저자(글) Duff, Antony
Antony Duff is a Professor Emeritus at the University of Stirling, and an Honorary Professor at the Edinburgh Law School. He is a Fellow of the British Academy and of the Royal Society of Edinburgh, and holds honorary doctorates from the Universities of Edinburgh and Oslo. He was a founding co-editor of the journal Criminal Law and Philosophy, and a founding co-director of the Robina Institute of Criminal Law and Criminal Justice at the University of Minnesota.
목차
Table of Cases p. xi Table of Legislation p. xv Introduction p. 1 The 'General Part' and the 'Special Part' p. 1 A Normative Theory of Criminal Law? p. 6 Answering for Crime p. 15 Responsibility and Liability p. 19 Responsibility and Liability p. 19 Responsibility as Relational p. 23 Prospective and Retrospective Responsibilities p. 30 Criminally Responsible as what, to Whom? p. 37 Who can be Responsible? p. 38 As What Are We Criminally Responsible? p. 43 Territories, Sovereigns and Subjects p. 44 Moral Agents p. 47 Citizens p. 49 Civic Criminal Responsibility p. 51 Responsible for What? p. 57 Control as Necessary for Responsibility p. 57 What Can We Control? p. 60 Thoughts, Emotions and Character p. 61 Intended and Expected Outcomes p. 63 Risks, Foreseen and Unforeseen p. 69 The 'Epistemic Condition': A Condition of Responsibility or of Liability? p. 72 Criminally Responsible for what? (1) Crimes as Wrongs p. 79 Preliminaries p. 79 Crimes as Wrongs p. 81 Moral Wrongfulness as Condition or as Object of Criminal Responsibility? p. 82 Mala Prohibita as Wrongs p. 89 Criminally Responsible for What? (2) Action and Crime p. 95 The 'Act Requirement' p. 95 The Failure of the Act Requirement p. 96 Social Agency and the 'Action Presumption' p. 99 Criminal Responsibility for Thoughts? p. 102 Criminal Responsibility for Involuntary Movements and States of Affairs? p. 105 Criminal Responsibility for Omissions p. 107 Action and Character p. 115 Criminally Responsible for what? (3) Harms, Wrongs and Crimes p. 123 Clarifying the Harm Principle p. 123 Harms and Wrongs p. 126 Harms, Risks and Remote Harms p. 135 Giving Harm its Due p. 138 Crimes as Public Wrongs p. 140 Structures of Crime: Attacks and Endangerments p. 147 Attacks and Endangerments p. 148 Distinguishing Attacks from Endangerments p. 149 The Significance of the Distinction p. 153 Legislating the Distinction? Extending the Law? p. 159 Attacks and Preparations p. 159 Endangerment and 'Remote' Harms p. 161 'Implicit Endangerment' and Mala Prohibita p. 166 'Implicit Endangerment' and Civic Responsibility p. 166 Pure(r) Mala Prohibita p. 172 Answering and Refusing to Answer p. 175 Answering and Answering For p. 176 Refusing to Answer p. 179 Bars to Trial: An Initial Typology p. 181 Estoppel p. 183 Prior Official Misconduct p. 185 Entrapment p. 187 Criminal Responsibility and Citizenship p. 191 Offences, Defences and the Presumption of Innocence p. 195 The Presumption of Innocence and Proof Beyond Reasonable Doubt p. 195 Actus Reus and Mens Rea p. 202 Offences and Defences: Why the Distinction Matters p. 207 Rape and Consent p. 208 Murder, Consent and Self-defence p. 211 Distinguishing Offences and Defences p. 216 Prima Facie Wrongs and Reasons p. 217 Presumptive Wrongs p. 220 Attacks, Endangerments and Justifications p. 225 Strict Liability and Strict Responsibility p. 229 Criminal Responsibility and Criminal Liability: The Simple Picture p. 230 Strict Liability and Strict Responsibility p. 232 Varieties of Strict Liability p. 232 Strict Responsibility and Defences p. 236 Strict Responsibility and Legal Presumptions p. 239 Justifying Strict Criminal Responsibility p. 242 Risks of Harm p. 243 Risks of Wrong p. 246 Abusing Strict Criminal Responsibility p. 250 Justifying Formally Strict Criminal Liability p. 252 Constructive Liability p. 253 Justifying Formally Strict Liability p. 255 Formally Strict Liability: Some Problems p. 257 Understanding Defences p. 263 Distinguishing Justification from Excuse p. 264 Truth, Justification and Belief p. 267 The Problem of 'Putative Justification' p. 271 The Problem of 'Unknown Justification' p. 277 Excuses and Exemptions p. 284 Reasonable and Unreasonable Mistakes p. 292 Finally?/td> p. 297 References p. 299 Index p. 317 Table of Contents provided by Ingram. All Rights Reserved.
기본정보
ISBN | 9781849460330 ( 1849460337 ) |
---|---|
발행(출시)일자 | 2009년 09월 01일 |
쪽수 | 342쪽 |
크기 |
156 * 234
* 18
mm
/ 485 g
|
총권수 | 1권 |
언어 | 영어 |
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