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Record Nr. |
UNINA9910450863103321 |
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Autore |
Duff Antony |
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Titolo |
Answering for crime : responsibility and liability in the criminal law / R. A. Duff |
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Pubbl/distr/stampa |
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Oxford ; Portland, Oregon, : Hart Publishing, 2007 |
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ISBN |
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1-281-35722-7 |
1-4725-6015-9 |
1-84731-392-2 |
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Descrizione fisica |
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1 online resource (342 p.) |
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Collana |
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Disciplina |
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Soggetti |
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Criminal law - Philosophy |
Criminal liability |
Electronic books. |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references (pages 299-316) and index |
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Nota di contenuto |
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INTRODUCTION -- 1. RESPONSIBILITY AND LIABILITY -- 2. CRIMINALLY RESPONSIBLE AS WHAT, TO WHOM? -- 3. RESPONSIBLE FOR WHAT? -- 4. CRIMINALLY RESPONSIBLE FOR WHAT? (1) CRIMES AS WRONGS -- 5. CRIMINALLY RESPONSIBLE FOR WHAT? (2) ACTION AND CRIME -- 6. CRIMINALLY RESPONSIBLE FOR WHAT? (3) HARMS, WRONGS AND CRIMES -- 7. STRUCTURES OF CRIME: ATTACKS AND NDANGERMENTS -- 8. ANSWERING AND REFUSING TO ANSWER -- 9. OFFENCES, DEFENCES AND THE PRESUMPTION OF INNOCENCE -- 10. STRICT LIABILITY AND STRICT RESPONSIBILITY -- 11. UNDERSTANDING DEFENCES |
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Sommario/riassunto |
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In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal |
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conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account |
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