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Chargement... Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)par Antony Duff
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Inscrivez-vous à LibraryThing pour découvrir si vous aimerez ce livre Actuellement, il n'y a pas de discussions au sujet de ce livre. An important work of criminal law theory - important both for its flaws and for its many virtues. The central virtue of R A Duff's jurisprudence is his insistence on the necessity for the criminal law to engage its subjects in meaningful dialogue. Here, as so often in his work, his discussion hinges on the major crimes of violence - murder, rape &c, with their deep common law roots. The missing dimension is any serious engagement with the vast conspectus of statutory offences, many of which are punished with severity equivalent to crimes of violence. This is a court-centred rather than legislature-centred jurisprudence. ( ) aucune critique | ajouter une critique
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. Aucune description trouvée dans une bibliothèque |
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Google Books — Chargement... GenresClassification décimale de Melvil (CDD)345.0401Social sciences Law Criminal Law LiabilityClassification de la Bibliothèque du CongrèsÉvaluationMoyenne:
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