By Antony Duff
This long-awaited e-book, by means of the distinguished thinker Antony Duff, bargains a brand new standpoint at the constructions of legal legislations and legal legal responsibility. The book's place to begin is a contrast among accountability (understood as answerability) and legal responsibility, and a notion of accountability as relational and practice-based. This specialise in accountability, as a question of being answerable to those that have the status to name one to account, throws new mild on a number of questions in legal legislation concept: at the query of criminalization, that could now be solid because the query of what we must always need to resolution for, and to whom, lower than the specter of legal conviction and punishment; on questions on the felony trial, as a procedure wherein defendants are referred to as to reply to, and concerning the stipulations (bars to trial) given which an ordeal will be illegitimate; on questions about the constitution of offenses, the excellence among offenses and defenses, and the phenomena of strict legal responsibility and strict accountability; and on questions on the buildings of legal defenses. the web result's no longer a conception of felony legislation, however it is an account of the constitution of legal 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 should be crucial examining for legal legislation theorists.
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Extra resources for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
I deal with the general question briefly, since I do not have much to add to the familiar accounts of responsibility as a matter of reason-responsiveness; but I will need to say something about the capacities that criminal responsibility in particular requires. The chapter then tackles two further questions raised by the relational conception of responsibility: as what are we responsible, to whom? As we will see, there is little to be said by way of general answers to these questions, but I will answer the particular questions about criminal responsibility: in a liberal democracy we are criminally responsible, I will argue, as citizens and to our fellow citizens.
23 Rorty, 1995: 283; see also Rorty, 1986. For criticism see Gardner, 2003: 164–6. 27 Columns Design Ltd / Job: Duff / Division: Answering_for_Crime_1 /Pg. Position: 9 / Date: 10/9 JOBNAME: Duff: Answering for PAGE: 10 SESS: 3 OUTPUT: Fri Oct 19 13:10:11 2007 Responsibility and Liability answer what I must look for is an answer that will satisfy the particular person or body that holds me responsible—which would indeed be to portray responsibility as strongly ‘relative to an audience’. The relational conception that I offer here is not, however, so radically relativistic.
A central aim of this book is to show how we can set about answering these questions as questions about criminal responsibility: this will involve showing how criminal responsibility is related to moral responsibility, as to both its objects (what we should be held responsible for) and its direction (to whom we are or should be responsible). 24 See above, Introduction, sect 2. See Bainbridge  1 QB 129, and Accessories and Abettors Act 1861, s 8. See Gillick v West Norfolk and Wisbech Area Health Authority  AC 112.