By Antony Duff
This long-awaited ebook, via the distinguished thinker Antony Duff, deals a brand new point of view at the constructions of felony legislations and felony legal responsibility. The book's start line is a contrast among accountability (understood as answerability) and legal responsibility, and a notion of accountability as relational and practice-based. This specialise in accountability, as a question of being answerable to those that have the status to name one to account, throws new gentle on a number questions in legal legislations thought: at the query of criminalization, which may now be solid because the query of what we must always need to resolution for, and to whom, less than the specter of legal conviction and punishment; on questions about the legal trial, as a approach during which defendants are referred to as to reply to, and concerning the stipulations (bars to trial) given which an ordeal will be illegitimate; on questions about the constitution of offenses, the excellence among offenses and defenses, and the phenomena of strict legal responsibility and strict accountability; and on questions on the constructions of felony defenses. the internet result's now not a concept of felony legislation, however it is an account of the constitution of felony legislations as an establishment during which a liberal polity defines a realm of public wrongdoing, and calls to account those that perpetrate (or are accused of perpetrating) such wrongs. Answering for Crime can be crucial interpreting for felony legislation theorists.
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Additional info for Answering for Crime: Responsibility and Liability in the Criminal Law (Legal Theory Today)
Position: 5 / Date: 10/9 JOBNAME: Duff: Answering for PAGE: 6 SESS: 3 OUTPUT: Fri Oct 19 13:10:11 2007 Responsibility and Liability both X and Y lie within my control); or responsible to S for X, but not for Y; or responsible for X to S, but not to T. To illustrate. We can specify my responsibilities as a university teacher. That will involve an account of my prospective responsibilities:16 it is my responsibility to keep up to date with my subject, plan courses that contribute suitably to the curriculum, prepare and conduct my classes in pedagogically effective ways, mark students’ work, and so on.
We will see more clearly in Chapter 4 why this is so important. The second limit to be noted here concerns the growing importance of what we might call the pseudo-non-criminal law: the use of legal techniques that are not formally aspects of the criminal law, but that are used in place of the ordinary criminal law to deal with matters that fall within the criminal law’s proper remit. Two examples will clarify this phenomenon. 44 The making of the orders themselves is not formally a criminal process.
The criminal law is, we will see, a law for citizens and for visitors to the polity, to whom many of the rights of citizenship are extended: it addresses 45 Crime and Disorder Act 1998, s 1(1)(a). See McCann  AC 787 for all three of these points—that no mens rea need be proved, that proof of the conduct must be to the criminal standard, and that the proceedings are not criminal. 47 See eg Ashworth, 2004; Padfield, 2004; Simester and von Hirsch 2006. 48 See eg the detention provisions of s 23 of the Anti-Terrorism, Crime and Security Act 2001, which the House of Lords declared to be incompatible with the right to liberty declared in Art 5(1) of the European Convention on Human Rights in A v Secretary of State for the Home Department  HRLR 1; those provisions have now been repealed by the Prevention of Terrorism Act 2005, which provides for a range of ‘control orders’ instead.