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The Criminal Law’s Person

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The Criminal Law’s Person

Name: The Criminal Law’s Person
Brand: Hart Publishing
SKU: 9781509923748
Price: 1197.95 HKD
Availability: InStock
Author: Claes Lernestedt; Matt Matravers
ISBN: 9781509923748

Edited by Claes Lernestedt · Matt Matravers

Hart Publishing February 2022

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ISBN-13: 9781509923748
Publisher: Hart Publishing
Publication: February 2022
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Encounters between criminal-law scholars and those working in 'explanatory' and 'behavioural' sciences have often been characterized by mutual distrust and defensiveness. This distrust is especially intense in connection with the theory and practice of criminal responsibility. To break this deadlock, a new framing of the issues is needed. This is not simply a matter of asking, for example, what follows for criminal responsibility (and responsibility more generally) from the latest scientific findings in neuroscience. Research and conferences on neuroscience and the law abound. Rather, what is needed is to re-examine the fundamental idea of the criminal law's person so as to construct a more nuanced understanding of criminal law's blameworthy individual. That is the goal of this volume. Achieving this goal is necessarily an interdisciplinary task and the volume brings together an international group of academics from across the fields of law, philosophy, and ethics to engage with these topics.

1. Introduction: The Criminal Law's Person

Claes Lernestedt, Stockholm University, Sweden and Matt Matravers, University of York, UK

I. Criminal Justice: Political Not Metaphysical

II. The Criminal Law and the Criminal Law's Person(s)

III. Contested Sources, Contested Purposes

IV. Outline of the Volume

2. The Criminal Law's Various Persons

Matt Matravers, University of York, UK

I. Introduction

II. Ex Ante: Criminalisation, Policing and Prosecution

III. Ex Post: Conviction and Sentencing

IV. 'Science' and the Criminal Law's Various Persons

3. The Criminal Law's Person and Normative Elements in the Legal Definition of Excusing Circumstances

Kai Hamdorf, Federal Court of Justice, Germany

I. Introduction

II. The Presumption of Guilt in the Normative Concept of the Criminal Law's Person

III. The Presumption of Guilt and Excusing Circumstances in Criminal Law

IV. Conclusions

4. Standard-Setting versus Tracking 'Profound' Blameworthiness: What should be the Role of the Rules for Ascription of Responsibility?

Claes Lernestedt, Stockholm University, Sweden

I. Introduction

II. Criminal Law Backwards and Forwards

III. What if? A Flexible within

IV. A Few Examples

V. Closing Comments: The Criminal Law and Everyday People

5. Attributability and Accountability in the Criminal Law

Robin Zheng, University of Glasgow, UK

I. Two Concepts of Responsibility

II. Two Routes to Criminal Responsibility: The Attributability Route

III. Two Routes to Criminal Responsibility: The Accountability Route

IV. Two Persons of Criminal Responsibility

V. Attributability versus Accountability

6. In Search of Criminal Law's Person

Malcolm Thorburn, University of Toronto, Canada

I. Introduction

II. Legal Personality

III. Responsible Agency in Criminal Law

IV. Conclusion

7. Victims Who Victimise: Guilt in Political Theory and Moral Psychology

Alan Norrie, Warwick University, UK

I. The Problem of Perpetrators as Victims Who Victimise

II. Normative Political Theory: The Problem of the Ideal and the Actual

III. The Moral Psychology of Guilt: Towards a Moral Grammar

IV. The Guilt of Perpetrators as Victims Who Victimise

8. Responsibility Beyond Blame: Unfree Agency and the Moral Psychology of Criminal Law's Persons

Craig Reeves, Birkbeck, University of London, UK

I. Introduction

II. Blame and Blameworthiness

III. The Tyranny of the Past

IV. Unfree Agency

V. The Moral Psychology of Heteronomy

VI. The Antinomy of Responsibility

VII. Responsibility, Reification and Respect

VIII. The Grammar of Taking Responsibility

9. Implicit Bias, Self-Defence and the Reasonable Person

Jules Holroyd, University of Sheffield, UK and Federico Picinali, London School of Economics and Political Science, UK

I. Introduction

II. Unreasonable Persons and Biased Beliefs

III. Racism and Self-Defence

IV. US Law and the 'Reasonable-Belief Rule'

V. Evaluating the Reasonable Person Standards

VI. English and Welsh Law and the Genuine Belief Rule

VII. A Palliative Solution

VIII. Concluding Remarks

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Table of Contents

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