Philosophy and the Criminal Law: Principle and CritiqueAntony Duff Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political and social conflicts. |
Contents
Introduction | 1 |
Reflections on the Encounter between Critique and the Philosophy of the Criminal Law | 9 |
2 Does Criminal Liability Require an Act? | 60 |
3 Simulacra of Morality? Beyond the IdealActual Antinomiesof Criminal Justice | 101 |
Common terms and phrases
abstract account of well-being act requirement action-reasons actions actus reus agents analysis answer antinomies Antony Duff argue argument Ashworth autonomy Blackstone Categorical Imperative claim coherence committed conception concern conflict context contradiction control requirement courts crim crime criminal law doctrine criminal law theory criminal legal practices criminal liability requires criminal responsibility criminalisation Critical Legal Studies critical theorists culpability defendant definitional discussion distinction Duff Duff's evaluative example excuse focus harm Harré ideal imposed inal inchoate offences individual justice intention interpretation issues justified Kant Kantian kind Lacey law's liberal mens rea Michael Moore Model Penal Code modern Moore moral agency moral community moral responsibility motive normal normative Norrie offences one's Oxford particular penal person philosophical philosophy of punishment political principles question rational rationalisation reasons recognise relevant requires an act role sense social social constructionism society status structure substantive symbiosis theory of criminal thesis tion University Press wrong