书名: Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
作者: R. A. Duff (Author)
出版社: Hart Publishing (UK) (November 13, 2007)
语言: English
ISBN-10: 1841137537
ISBN-13: 978-1841137537
Book Description
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 criminalization, 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.
Review
"It covers so many important issues with such clarity and rigour that one review cannot possibly do it justice...What Duff says about crimes, but also his views about a whole range of other issues, are deeply thought out and important...Duff's book does more to articulate a clear and structured view of criminal responsibility than has been achieved to date and his account of criminal responsibility and liability, as well as of the central doctrines and practices of criminal responsibility, will have lasting significance for criminal lawyers and philosophers alike." -- Victor Tadros, Mind, Vol. 118, No. 470, April 2009
"...the greatest contribution of this marvelous book lies in Antony Duff's elegant and arresting vision of criminal law's conceptual foundation...magnificent." -- Adil Ahmad Haque, The Law and Politics Book Review, Vol. 18, No.5 (May 2008)
"Duff's publication Answering for Crime is cause to celebrate because, while it includes some previously published material, it is a seamless exposition of a unified and original thesis...I cannot do justice to the richness and nuance of Answering for Crime...it brims with insights even apart from its central thesis...I have no doubt that this book will be regarded as a major contribution to criminal law theory. The book overflows with sophisticated collateral insights, and its central thesis will surely become a focus of scholarly attention for years to come." -- Peter Westen, Oxford Journal of Legal Studies, Vol. 28, No. 3, 2008
"...an important yet highly readable book...contains many new insights and which, equally importantly, tackles complex issues of criminal law theory with a rare clarity...this book proves that complex issues can be discussed at an elevated level without making them incomprehensible to all but a small group of dedicated theorists. Indeed, the book should be of interest not just to academics but also to students and even- unusually for a book in this field - practitioners and policy makers." -- Fiona Leverick, Edinburgh Law Review, Vol. 13, 2009
About the Author
Antony Duff is Professor of Philosophy at the University of Stirling. He is the author of numerous works on general philosophy, on the philosophy of law, and most particularly on the philosophy of crime and punishment.
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作者: R. A. Duff (Author)
出版社: Hart Publishing (UK) (November 13, 2007)
语言: English
ISBN-10: 1841137537
ISBN-13: 978-1841137537
Book Description
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 criminalization, 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.
Review
"It covers so many important issues with such clarity and rigour that one review cannot possibly do it justice...What Duff says about crimes, but also his views about a whole range of other issues, are deeply thought out and important...Duff's book does more to articulate a clear and structured view of criminal responsibility than has been achieved to date and his account of criminal responsibility and liability, as well as of the central doctrines and practices of criminal responsibility, will have lasting significance for criminal lawyers and philosophers alike." -- Victor Tadros, Mind, Vol. 118, No. 470, April 2009
"...the greatest contribution of this marvelous book lies in Antony Duff's elegant and arresting vision of criminal law's conceptual foundation...magnificent." -- Adil Ahmad Haque, The Law and Politics Book Review, Vol. 18, No.5 (May 2008)
"Duff's publication Answering for Crime is cause to celebrate because, while it includes some previously published material, it is a seamless exposition of a unified and original thesis...I cannot do justice to the richness and nuance of Answering for Crime...it brims with insights even apart from its central thesis...I have no doubt that this book will be regarded as a major contribution to criminal law theory. The book overflows with sophisticated collateral insights, and its central thesis will surely become a focus of scholarly attention for years to come." -- Peter Westen, Oxford Journal of Legal Studies, Vol. 28, No. 3, 2008
"...an important yet highly readable book...contains many new insights and which, equally importantly, tackles complex issues of criminal law theory with a rare clarity...this book proves that complex issues can be discussed at an elevated level without making them incomprehensible to all but a small group of dedicated theorists. Indeed, the book should be of interest not just to academics but also to students and even- unusually for a book in this field - practitioners and policy makers." -- Fiona Leverick, Edinburgh Law Review, Vol. 13, 2009
About the Author
Antony Duff is Professor of Philosophy at the University of Stirling. He is the author of numerous works on general philosophy, on the philosophy of law, and most particularly on the philosophy of crime and punishment.
[thread=24945]论坛相关讨论主题[/thread]
