Criminal Responsibility
Series: Oxford Monographs on Criminal Law and Justice;
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 June 2005
- ISBN 9780199261598
- Binding Hardback
- No. of pages408 pages
- Size 242x163x27 mm
- Weight 764 g
- Language English 0
Categories
Short description:
This book provides a systematic, philosophically informed account of criminal responsibility. Part 1 of the book provides an innovative account of some of the underlying principles of criminal responsibility in the context of political theory, showing how the conditions of responsibility are articulated in, and restrained by, the institutional setting of the criminal law. Part 2 uses the insights developed in Part 1 to reconsider some of the central doctrines of criminal responsibility, examining issues including the nature of causation, intentions, and beliefs, and mental disorder defences, excuses, and justifications.
MoreLong description:
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.
outlines a philosophically rich account of the conditions under which someone might legitimately be held liable for committing a (serious crime), before bringing that account to bear on a variety of doctrines from the general part of the criminal law..the chapters are philosophically sophisticated, engagingly well-written, and frequently persuasive.
Table of Contents:
Preface
Introduction
Part 1: The Character of Criminal Responsibility
1. The Nature of Responsibility
2. Choice, Character and Capacity
3. Communication and the Character of Criminal Responsibility
4. The Structure of Criminal Responsibility
Part 2: Doctrines of Criminal Responsibility
5. Exemptions from Responsibility: Natural, Social and Political
6. The Nature of Causation
7. Criminal Omissions: Culpability, Responsibility and Liberty
8. The Significance of Intentions
9. The Ethics of Belief
10. Reality and Appearance in Justification Defences
11. The Characters of Excuse
12: Excusing the Mentally Disordered
13: Shifting Standards and Criminal Responsibility
