Crime, Punishment, and Responsibility The Jurisprudence of Antony Duff

Author: Rowan Cruft; Matthew H. Kramer; Mark R. Reiff
Publisher: Oxford University Press
ISBN: 9780199592814
Published In: July 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Collects original essays by leading criminal law theorists examining the work of the most influential figure in the field
Includes a response to the essays by Duff in which he clarifies and develops his ground-breaking work on the philosophy of criminal law
Covers central problems in modern criminal law theory, including the justification of punishment, the nature of criminal responsibility, and the proper limits of criminalization

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.

Readership: Academics and postgraduate students working on criminal law and its theory.

Mark Reiff and Rowan Cruft: Introduction: Antony Duff and the Philosophy of Punishment

Punishment As Communication

1: Jeffrie Murphy: Repentance, Mercy, and Communicative Punishment

2: John Tasioulas: Where is the Love? The Topography of Mercy

3: Kimberley Brownlee: The Offender's Part in the Dialogue

4: Matt Matravers: Duff on Hart Treatment

Responsibility

5: John Gardner: Relations of Responsibility

6: Alon Harel: The Triadic Relational Structure of Responsibility: A Defence

7: Raimond Gaita: Literature, Genocide, and the Philosophy of International Law

8: Douglas Husak: Beyond the Justification/Excuse Dichotomy

Criminal Attempts

9: Andrew Ashworth: The Criminal Law's Ambivalence about Outcomes

10: Victor Tadros: Obligations and Outcomes

11: Peter Westen: Is Intent Constitutive of Wrongdoing?

12: Larry Alexander: Duff on Attempts

Criminalization

13: Andreas von Hirsch: Criminalizing Failure to Rescue: A Matter of 'Solidarity' or Altruism?

14: Michelle Dempsey: Public Wrongs and the 'Criminal Law's Business': When Victims Won't Share

15: Lindsay Farmer: Disgust, Respect, and the Criminalization of Offense

16: Nicola Lacey: Community, Culture, and Criminalization

17: Michael Moore and Heidi Hurd: Punishing the Awkward, the Stupid, the Weak, and the Selfish: The; Culpability of Negligence

18: R.A. Duff: In Response.

Edited by 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, and Mark R. Reiff, Senior Lecturer in Legal and Political Philosophy at the University of Manchester School of Law

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.

Contributors:

Larry Alexander - Warren Distinguished Professor of Law, University of San Diego
Andrew Ashworth - Vinerian Professor of English Law, University of Oxford
Kimberley Brownlee - Senior Lecturer in Political Philosophy, University of Manchester
Michelle Dempsey - Associate Professor of Law, Villanova University
R.A. Duff - Professor of Philosophy, University of Stirling and University of Minnesota Law School
Lindsay Farmer - Professor of Law, University of Glasgow
Raimond Gaita - Professor of Moral Philosophy, King's College London and Professor of Philosophy, Australian Catholic University
John Gardner - Professor of Jurisprudence, University of Oxford
Alon Harel - Phillip P. Mizock & Estelle Mizock Chair in Administrative and Criminal Law, Hebrew University
Andrew von Hirsch - Professor of Penal Theory and Penal Law, University of Cambridge
Heidi Hurd - David C. Baum Professor of Law and Professor of Philosophy, University of Illinois
Douglas Husak - Professor of Philosophy, Rutgers University
Nicola Lacey - Professor of Criminal Law and Legal Theory, All Soul's College, Oxford
Matt Matravers - Professor of Political Philosophy, University of York
Michael Moore - Charles R. Walgreen, Jr. Chair in Law, University of Illinois
Jeffrie G. Murphy - Regents' Professor of Law, Philosophy and Religious Studies, Arizona State University
Victor Tadros - Professor of Law, Warwick University
John Tasioulas - Quain Professor of Jurisprudence, University College London
Peter Westen - Frank C. Millard Professor of Law, University of Michigan

"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