Overview

For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Full Product Details

Author:   Rowan Cruft (Senior Lecturer in Philosophy at the University of Stirling) ,  Matthew H. Kramer (Professor of Legal and Political Philosophy at the University of Cambridge) ,  Mark R. Reiff (Senior Lecturer in Legal and Political Philosophy at the University of Manchester School of Law)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.00cm , Height: 3.00cm , Length: 24.10cm
Weight:   0.001kg
ISBN:  

9780199592814

ISBN 10:   0199592810
Pages:   408
Publication Date:   14 July 2011
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Mark R. Reiff and Rowan Cruft: Antony Duff and the Philosophy of Punishment Punishment As Communication 2: Jeffrie Murphy: Repentance, Mercy, and Communicative Punishment 3: John Tasioulas: Where is the Love? The Topography of Mercy 4: Kimberley Brownlee: The Offender's Part in the Dialogue 5: Matt Matravers: Duff on Hart Treatment Responsibility 6: John Gardner: Relations of Responsibility 7: Alon Harel: The Triadic Relational Structure of Responsibility: A Defence 8: Raimond Gaita: Literature, Genocide, and the Philosophy of International Law 9: Douglas Husak: Beyond the Justification/Excuse Dichotomy Criminal Attempts 10: Andrew Ashworth: The Criminal Law's Ambivalence about Outcomes 11: Victor Tadros: Obligations and Outcomes 12: Peter Westen: Is Intent Constitutive of Wrongdoing? 13: Larry Alexander: Duff on Attempts Criminalization 14: Andreas von Hirsch: Criminalizing Failure to Rescue: A Matter of 'Solidarity' or Altruism? 15: Michelle Dempsey: Public Wrongs and the 'Criminal Law's Business': When Victims Won't Share 16: Lindsay Farmer: Disgust, Respect, and the Criminalization of Offense 17: Nicola Lacey: Community, Culture, and Criminalization 18: Michael Moore and Heidi Hurd: Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence Reply 19: R.A. Duff: In Response

Reviews

This well-presented collection of seventeen essays on his work both develops existing arguments and explores fresh avenues for future discussion. It should interest all those with an interest in the theory and doctrine of the criminal law, and in criminal justice more generally. Findlay Stark, The Edunburgh Law Review

Author Information

Rowan Cruft is Senior Lecturer in Philosophy at the University of Stirling. His recent work has appeared in Law & Philosophy, The Philosophical Quarterly, Utilitas, and related journals. Matthew H. Kramer is Professor of Legal & Political Philosophy at the University of Cambridge; Fellow of Churchill College, Cambridge; and Director of the Cambridge Forum for Legal & Political Philosophy. Among his many books, the most recently published is The Death Penalty Redux: A Philosophical Investigation (OUP, 2011). Mark R. Reiff is a Senior Lecturer in Legal and Political Philosophy at the University of Manchester School of Law. He is the author of Punishment, Compensation, and Law: A Theory of Enforceability (CUP, 2005), as well as various papers on topics within legal, political, and moral philosophy, and before becoming an academic, spent many years as a practicing lawyer. During the 2008-09 academic year, Dr Reiff was a Visiting Faculty Fellow at the Safra Center for Ethics at Harvard University. His second book, Exploitation and Economic Justice in the Liberal Capitalist State, the product of that fellowship, is forthcoming.

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