Criminal Responsibility

Paperback | April 22, 2007

byVictor Tadros

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This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing an account of the foundations, both ethical and political, of criminal responsibility, and moves on to reconsider some of the centraldoctrines of criminal responsibility.Part 1 examines the nature of criminal responsibility by employing a distinctive new conception of autonomy. Tadros explores the nature of autonomy, and asks what it means to respect autonomy. Building upon this consideration of autonomy, Tadros then explores the central conditions ofresponsibility. He provides the first systematic consideration of the relationship between criminal responsibility and liberal political theory, showing how the conditions of responsibility are articulated in, and restrained by, the institutional setting of the criminal law.In Part 2, Tadros moves on to consider some of the central doctrines of criminal responsibility. He examines the proper nature and role of causation, intentions, and beliefs; asking whether these concepts should be understood as descriptive or normative. The book moves on to provide a systematicnormative investigation of the nature and role of criminal omissions and criminal defences. Included are: a thorough account of the different ways in which mental disorders might ground defences, the nature of justification defences, the different kinds of excuse claim and the role that particularcharacteristics of the accused might have on the standards which the defendant must have met to escape criminal responsibility.

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This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing an account of the foundations, both ethical and political, of criminal responsibility, and moves on to reconsider some of the centraldoctrines of criminal responsibility.Part 1 exam...

Victor Tadros is Professor of Law at the University of Warwick

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The Structures of the Criminal Law
The Structures of the Criminal Law

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The Constitution of the Criminal Law
The Constitution of the Criminal Law

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Format:PaperbackDimensions:408 pages, 9.21 × 6.14 × 0.87 inPublished:April 22, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199225826

ISBN - 13:9780199225828

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Table of Contents

PrefaceIntroductionPart 1: The Character of Criminal Responsibility1. The Nature of Responsibility2. Choice, Character and Capacity3. Communication and the Character of Criminal Responsibility4. The Structure of Criminal ResponsibilityPart 2: Doctrines of Criminal Responsibility5. Exemptions from Responsibility: Natural, Social and Political6. The Nature of Causation7. Criminal Omissions: Culpability, Responsibility and Liberty8. The Significance of Intentions9. The Ethics of Belief10. Reality and Appearance in Justification Defences11. The Characters of Excuse12. Excusing the Mentally Disordered13. Shifting Standards and Criminal Responsibility

Editorial Reviews

"..it is a credit to Tadros that he has consistently managed to present his analysis of a complex subject in such a clear and well argued fashion. Each of his chapters is logically structured and ought to be accessible to anyone with a competent grasp of the key concepts of criminal law. Hisown characterbased theory on individual responsibility is undoubtedly original in its political and institutionalised context, and this work should prove to be a primary reference point in criminal law theory for many years to come." --Jonathan Doak, British Journal of Criminology