Chapter

Antony Duff and the Philosophy of Punishment

Mark R. Reiff and Rowan Cruft

in Crime, Punishment, and Responsibility

Published in print July 2011 | ISBN: 9780199592814
Published online September 2011 | e-ISBN: 9780191729034 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592814.003.0001
Antony Duff and the Philosophy of Punishment

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Throughout a long and distinguished career, Antony Duff has had a lot to say about the philosophy of punishment. One of his most important contributions is with regard to the question of justification, and his communicative theory of punishment has become highly influential. But there are other topics within this area of philosophy on which Duff's work has had great impact too. One such topic is the question that is often paired with punishment, that of responsibility, or what connects people to events. Another is the question of attempts, or when is an act in furtherance of a crime a crime itself as opposed to the innocent act it appears to be. Another topic is the question of criminalisation, or what kind of conduct should be subject to the sanctions of the criminal law. And finally there is the topic that relates to the question of the philosophy of trial, or how do we go about deciding exactly who is guilty of what and what punishment (if any) is due, a topic on which Duff has been a pioneer. These are the topics addressed in this chapter.

Keywords: communication; communitarianism; consequentialism; criminal attempts; criminalisation; criminal trials; justification; responsibility; retributivism

Chapter.  11189 words. 

Subjects: Criminal Law

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