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Answering for Crime - Responsibility and Liability in the Criminal Law (Hardcover, New)
Loot Price: R3,231
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Answering for Crime - Responsibility and Liability in the Criminal Law (Hardcover, New)
Series: Legal Theory Today
Expected to ship within 12 - 17 working days
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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 criminalization, which can
now be cast as the question of what we should have to answer for,
and to whom, under the threat of criminal 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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