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Criminal Responsibility (Hardcover, New)
Loot Price: R5,060
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Criminal Responsibility (Hardcover, New)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 10 - 15 working days
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This book considers the proper nature and scope of criminal
responsibility in the light of its institutional and political
role. Tadros begins by providing a general account of criminal
responsibility which is based on the relationship between the
action that the defendant has performed and his or her character.
He then moves on to reconsider some of the central doctrines of
criminal responsibility in the light of that account. Part 1
examines the nature of criminal responsibility by exploring what it
means for an agent to be responsible for an action and the
constraints that there are on holding an agent criminally
responsible which arise from the particular social and
institutional role that the criminal law has. Tadros develops a
character theory of criminal responsibility. Character, he argues,
is relevant both in determinig which action an agent is responsible
for, as well as the kind of fault that he has in respect of those
actions. However, he shows some limitations in the character theory
of criminal responsibility as it has been defended to
date,developing a version that is not susceptible to the central
objections that habe been levelled at character theories. Finally
Part 1 investigates the structure of criminal responsibility,
considering the distinction between offence and defence, and
investigating how best to categorise and structure defences. In
Part 2, Tadros moves on to consider some of the central doctrines
of criminal responsibility in the light of the general theory
developed in Part 1. He examines the proper nature and role of
causation and investigates whether there is a general principle o
criminal omissions. The book then explores the nature and role that
intentions and beliefs ought to nave in a theory of criminal
responsibility. Tadros also provides an account of different kinds
of defence: exemptions, justifications and excuses. The book
includes a thorough account of the different ways in which mental
disorders might ground defences, the different kinds of normative
standards that the criminal law ought to set in offence and defence
contexts, and whether particular deficiencies of the accused ought
to be accommondated in setting those standards.
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