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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Edited by: Rowan Cruft, Matthew H. Kramer, Mark R. Reiff

ISBN13: 9780199592814
Published: July 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £83.00

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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.

Criminal Law, Jurisprudence
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
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
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.