Details
- Develops a distinctive new conception of autonomy
- The first systematic consideration of the relationship between criminal responsibility and liberal political theory
- Provides insights into how the criminal law operates in its political setting
This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing a general account of criminal responsibility which is based on the relationship between the action that the defendant has performed and his or her character. He then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.
Part 1 examines the nature of criminal responsibility by exploring what it means for an agent to be responsible for an action and the constraints that there are on holding an agent criminally responsible which arise from the particular social and institutional role that the criminal law has. Tadros develops a character theory of criminal responsibility. Character, he argues, is relevant both in determinig which action an agent is responsible for, as well as the kind of fault that he has in respect of those actions. However, he shows some limitations in the character theory of criminal responsibility as it has been defended to date,developing a version that is not susceptible to the central objections that habe been levelled at character theories. Finally Part 1 investigates the structure of criminal responsibility, considering the distinction between offence and defence, and investigating how best to categorise and structure defences.
In Part 2, Tadros moves on to consider some of the central doctrines of criminal responsibility in the light of the general theory developed in Part 1. He examines the proper nature and role of causation and investigates whether there is a general principle o criminal omissions. The book then explores the nature and role that intentions and beliefs ought to nave in a theory of criminal responsibility. Tadros also provides an account of different kinds of defence: exemptions, justifications and excuses. The book includes a thorough account of the different ways in which mental disorders might ground defences, the different kinds of normative standards that the criminal law ought to set in offence and defence contexts, and whether particular deficiencies of the accused ought to be accommondated in setting those standards.
Readership: Scholars and advanced students of criminal law and moral and political philosophy
Preface
Introduction
Part 1: The Character of Criminal Responsibility
1. The Nature of Responsibility
2. Choice, Character and Capacity
3. Communication and the Character of Criminal Responsibility
4. The Structure of Criminal Responsibility
Part 2: Doctrines of Criminal Responsibility
5. Exemptions from Responsibility: Natural, Social and Political
6. The Nature of Causation
7. Criminal Omissions: Culpability, Responsibility and Liberty
8. The Significance of Intentions
9. The Ethics of Belief
10. Reality and Appearance in Justification Defences
11. The Characters of Excuse
12: Excusing the Mentally Disordered
13: Shifting Standards and Criminal Responsibility
Victor Tadros, Lecturer in Law, University of Edinburgh
"outlines a philosophically rich account of the conditions under which someone might legitimately be held liable for committing a (serious crime), before bringing that account to bear on a variety of doctrines from the general part of the criminal law..the chapters are philosophically sophisticated, engagingly well-written, and frequently persuasive." - The Cambridge Law Journal
"Tadros offers a timely and refreshing account of the subject, and advances his own theory on the relationship between personal autonomy and criminal acts." - The British Journal of Criminology
"..it is a credit to Tadros that he has consistently managed to present his analysis of a complex subject in such a clear and well argued fashion. Each of his chapters is logically structured and ought to be accessible to anyone with a competent grasp of the key concepts of criminal law. His own characterbased theory on individual responsibility is undoubtedly original in its political and institutionalised context, and this work should prove to be a primary reference point in criminal law theory for many years to come." - Jonathan Doak, British Journal of Criminology
