Chapter

What kind of responsibility must criminal law presuppose?

R.A. DUFF

in Free Will and Modern Science

Published by British Academy

Published in print December 2011 | ISBN: 9780197264898
Published online January 2013 | e-ISBN: 9780191754074 | DOI: http://dx.doi.org/10.5871/bacad/9780197264898.003.0012

Series: British Academy Original Paperbacks

What kind of responsibility must criminal law presuppose?

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This chapter argues that the kind of responsibility that we must have, if the enterprise of criminal law and punishment is to be consistent with the demands of justice, is something much more modest, much less metaphysically ambitious, than the ‘ultimate’ responsibility that Strawson so persuasively denies in Chapter 8. If we are to be clear about the kind of responsibility that is relevant to criminal law, we must first be clear about the criminal law itself — about the kind of enterprise that it is, about the aims that it should serve, about the principles that should structure it, and about the conditions it demands of us.

Keywords: criminal law; responsibility; punishment; Strawson; ultimate responsibility

Chapter.  9775 words. 

Subjects: Philosophy of Mind

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