By Antony Duff
This long-awaited ebook, via the prestigious thinker Antony Duff, bargains a brand new point of view at the constructions of legal legislation and felony legal responsibility. The book's place to begin is a contrast among accountability (understood as answerability) and legal responsibility, and a perception of accountability as relational and practice-based. This specialise in accountability, as an issue of being answerable to people who have the status to name one to account, throws new gentle on a number questions in felony legislations idea: at the query of criminalization, that can now be solid because the query of what we must always need to solution for, and to whom, below the specter of legal conviction and punishment; on questions about the legal trial, as a approach wherein defendants are known 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 constructions of felony defenses. the internet result's now not a concept of legal legislations, however it is an account of the constitution of legal 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 can be crucial interpreting for legal legislations theorists.
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Extra resources for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
There is of course room to argue about the logical relationship between the substantive criminal law and punishment: on some accounts,34 the function of criminal law is precisely to ensure the punishment of culpable wrongdoers, in which case we can understand the proper structure and contents of the substantive criminal law only by understanding the rationale of criminal punishment. I comment on this issue in Chapter 4, but it is clear that any normative account of other aspects of the criminal process must depend on an account of the proper aims of the substantive criminal law, since it is that which the police must enforce, and alleged breaches of which are to be investigated and prosecuted.
To suppose that the former follows would be, again, to show oneself to be a disappointed metaphysical absolutist for whom ‘reason’ is real only if it is a priori; to suppose that the latter follows would be to ignore the possibility (a possibility that a moment’s reflection will show to be often actualised) that different societies and their legal systems may be sufficiently closely connected to permit rational mutual discussion and argument. To deny the possibility of a priori normative theorising is not to deny the possibility of rational normative theorising: it is rather to insist that such theorising is possible only within some human practice.
37 One point that these comments on the character of normative legal theory reinforce is that any such theory depends on political theory—on an underlying normative conception of the state and its proper relationship to its inhabitants. The account of criminal law that I will offer depends on a liberal-communitarian conception of a polity of citizens whose common life is structured by such core liberal values as autonomy, freedom, privacy and pluralism, informed by a conception of each other as fellow citizens in the shared civic enterprise.
Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today) by Antony Duff