Buch, Englisch, 408 Seiten, Format (B × H): 170 mm x 241 mm, Gewicht: 756 g
The Jurisprudence of Antony Duff
Buch, Englisch, 408 Seiten, Format (B × H): 170 mm x 241 mm, Gewicht: 756 g
ISBN: 978-0-19-959281-4
Verlag: Oxford University Press
Includes a response to the essays by Duff in which he clarifies and develops his ground-breaking work on the philosophy of criminal law
Covers central problems in modern criminal law theory, including the justification of punishment, the nature of criminal responsibility, and the proper limits of criminalization
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory.
Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized.
Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Zielgruppe
Academics and postgraduate students working on criminal law and its theory.
Autoren/Hrsg.
Fachgebiete
- Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
- Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre
- Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik
- Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
Weitere Infos & Material
1: Mark R. Reiff and Rowan Cruft: Antony Duff and the Philosophy of Punishment
Punishment As Communication
2: Jeffrie Murphy: Repentance, Mercy, and Communicative Punishment
3: John Tasioulas: Where is the Love? The Topography of Mercy
4: Kimberley Brownlee: The Offender's Part in the Dialogue
5: Matt Matravers: Duff on Hart Treatment
Responsibility
6: John Gardner: Relations of Responsibility
7: Alon Harel: The Triadic Relational Structure of Responsibility: A Defence
8: Raimond Gaita: Literature, Genocide, and the Philosophy of International Law
9: Douglas Husak: Beyond the Justification/Excuse Dichotomy
Criminal Attempts
10: Andrew Ashworth: The Criminal Law's Ambivalence about Outcomes
11: Victor Tadros: Obligations and Outcomes
12: Peter Westen: Is Intent Constitutive of Wrongdoing?
13: Larry Alexander: Duff on Attempts
Criminalization
14: Andreas von Hirsch: Criminalizing Failure to Rescue: A Matter of 'Solidarity' or Altruism?
15: Michelle Dempsey: Public Wrongs and the 'Criminal Law's Business': When Victims Won't Share
16: Lindsay Farmer: Disgust, Respect, and the Criminalization of Offense
17: Nicola Lacey: Community, Culture, and Criminalization
18: Michael Moore and Heidi Hurd: Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence
Reply
19: R.A. Duff: In Response