By Antony Duff
This long-awaited publication, by means of the distinguished thinker Antony Duff, deals a brand new standpoint at the constructions of felony legislation and legal legal responsibility. The book's start line is a contrast among accountability (understood as answerability) and legal responsibility, and a belief of accountability as relational and practice-based. This specialize in 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 idea: at the query of criminalization, that may now be forged because the query of what we must always need to resolution for, and to whom, less than the specter of felony conviction and punishment; on questions about the felony trial, as a strategy during which defendants are referred to as to reply to, and concerning the stipulations (bars to trial) given which an ordeal 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 buildings of felony defenses. the web result's now not a thought of felony legislations, however it is an account of the constitution of felony legislations 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 can be crucial examining for legal legislations theorists.
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Additional info for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
5 Licensing Act 1964, s 59. 20 Columns Design Ltd / Job: Duff / Division: Answering_for_Crime_1 /Pg. Position: 2 / Date: 16/10 JOBNAME: Duff: Answering for PAGE: 3 SESS: 3 OUTPUT: Fri Oct 19 13:10:11 2007 Responsibility and Liability of that offence in a criminal court: what is crucial is what kind of answer, if any, they can give that will avert a conviction; but that is a matter of liability rather than of responsibility. 6 Whether or not the law allows such a defence, the licensee is criminally responsible for her employee’s actions; she must answer in court for those actions.
See generally Zedner, 2003, 2005. 49 For the principled rationale for this see Duff, 1986: 172–8. 46 14 Columns Design Ltd / Job: Duff / Division: Answering_for_Crime_Intro_1 /Pg. Position: 14 / Date: 10/9 JOBNAME: Duff: Answering for PAGE: 15 SESS: 3 OUTPUT: Fri Oct 19 13:10:11 2007 Answering for Crime those whom it binds, those whom it subjects to judgment and punishment, as members of the political community. Now such membership is not optional: the fact that someone denies membership, or denies that he is bound by these laws, does not exempt or exclude him from membership.
This would allow that there might be unusual cases in which there was no one to whom A was responsible; since criminal responsibility is clearly not such a case, however, this would not undermine my claim that to understand the structures of criminal responsibility we must ask to whom, and as what, we are criminally responsible. I am still inclined to stick to the stronger claim—that if I am responsible for X, there must be some person or body (which might be God, or myself) to whom I am responsible.
Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today) by Antony Duff