Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Hardcover | August 14, 2011

EditorRowan Cruft, Matthew H. Kramer, Mark R. Reiff

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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 problemsin 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 ofthe 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 ifcommunication 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 werenot 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.

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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 problemsin criminal law theory. Some of the essays c...

Rowan Cruft is Senior Lecturer in Philosophy at the University of Stirling. His recent work has appeared in Law and Philosophy, The Philosophical Quarterly, Utilitas, and related journals. Matthew H. Kramer is Professor of Legal and Political Philosophy at the University of Cambridge; Fellow of Churchill College, Cambridge; and Direc...

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Format:HardcoverDimensions:408 pages, 9.21 × 6.14 × 1.2 inPublished:August 14, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199592810

ISBN - 13:9780199592814

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Table of Contents

1. Mark R. Reiff and Rowan Cruft: Antony Duff and the Philosophy of PunishmentPunishment As Communication2. Jeffrie Murphy: Repentance, Mercy, and Communicative Punishment3. John Tasioulas: Where is the Love? The Topography of Mercy4. Kimberley Brownlee: The Offender's Part in the Dialogue5. Matt Matravers: Duff on Hart TreatmentResponsibility6. John Gardner: Relations of Responsibility7. Alon Harel: The Triadic Relational Structure of Responsibility: A Defence8. Raimond Gaita: Literature, Genocide, and the Philosophy of International Law9. Douglas Husak: Beyond the Justification/Excuse DichotomyCriminal Attempts10. Andrew Ashworth: The Criminal Law's Ambivalence about Outcomes11. Victor Tadros: Obligations and Outcomes12. Peter Westen: Is Intent Constitutive of Wrongdoing?13. Larry Alexander: Duff on AttemptsCriminalization14. 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 Share16. Lindsay Farmer: Disgust, Respect, and the Criminalization of Offense17. Nicola Lacey: Community, Culture, and Criminalization18. Michael Moore and Heidi Hurd: Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of NegligenceReply19. R.A. Duff: In Response