By Antony Duff
This long-awaited e-book, by means of the prestigious thinker Antony Duff, bargains a brand new point of view at the constructions of legal legislations and legal legal responsibility. The book's start line is a contrast among accountability (understood as answerability) and legal responsibility, and a notion of accountability as relational and practice-based. This specialize in accountability, as a question of being answerable to people who have the status to name one to account, throws new mild on various questions in legal legislation thought: at the query of criminalization, that can now be forged because the query of what we must always need to solution for, and to whom, less than the specter of legal conviction and punishment; on questions on the legal trial, as a method in which defendants are referred to as to respond to, and in regards to 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 felony defenses. the web result's no longer a thought of legal legislations, however it is an account of the constitution of felony legislation as an establishment by 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 analyzing for legal legislation theorists.
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Extra info for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
33 See Duff, 2001. 34 See eg Moore, 1997: ch 1; see also (more modestly) Husak 2005b. 9 Columns Design Ltd / Job: Duff / Division: Answering_for_Crime_Intro_1 /Pg. 35 This is not the place to engage in the debate about the possibility of genuinely a priori normative reasoning: all I need do here is declare that I have no such grand ambitions, and to make clear that it does not follow from the impossibility of such theorising that we cannot properly aspire to a rational critique or normative theory of criminal law; nor does it follow that such critique and such theorising must be limited to the very local setting of a particular legal system.
8 But I am criminally responsible for committing that offence: I must answer for it in court, and am liable to conviction and punishment if I cannot offer an exculpatory answer. My plea of duress functions, as does my plea of self-defence, to avert liability by blocking the transition from responsibility to liability. 6 Licensing Act 2003, s 139. I assume here something that will be argued in more detail later (in Ch 9): that self-defence is a defence, as distinct from marking the absence of an element of the offence.
The first is that I will focus on ‘the law in the books’, whilst recognising the truth in the by now clichéd distinction between ‘the law in the books’ and ‘the law in action’: between the law as represented in statutes, codes, textbooks and treatises, and the law as applied and used by the police and other officials as they enforce the law and investigate and prosecute crimes. 39 Such features of the law in action often do not change the law’s content, since there is a real distinction between the content of the law and how that law with that content is applied and enforced: if, for instance, a police force reduces the resources that it devotes to investigating burglaries, and decides to make more than a minimal effort only for those above a certain threshold of seriousness, we should not say that the definition of ‘burglary’ as a criminal offence has effectively been changed (assuming that the police would still intervene if they saw a less serious burglary in progress).
Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today) by Antony Duff