64 found
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  1. Punishment, communication and community.Antony Duff - 2002 - In Derek Matravers & Jonathan Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
    The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...)
     
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  2.  67
    Answering for crime: responsibility and liability in the criminal law.Antony Duff - 2007 - Portland, Or.: Hart.
    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 criminalisation, which can (...)
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  3.  52
    Blame, Moral Standing and the Legitimacy of the Criminal Trial.Antony Duff - 2010 - Ratio 23 (2):123-140.
    I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the (...)
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  4. Legal and moral responsibility.Antony Duff - 2009 - Philosophy Compass 4 (6):978-986.
    The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is (...)
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  5.  11
    Who Must Presume Whom to Be Innocent of What?Antony Duff - 2013 - Netherlands Journal of Legal Philosophy 42 (3):170-192.
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  6. Psychopathy and Moral Understanding.Antony Duff - 1977 - American Philosophical Quarterly 14 (3):189 - 200.
  7. Pascal's Wager and Infinite Utilities.Antony Duff - 1986 - Analysis 46 (2):107 - 109.
  8. Authority and Responsibility in International Criminal Law.Antony Duff - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. Oxford University Press.
  9. Intention, responsibility and double effect.Antony Duff - 1982 - Philosophical Quarterly 32 (126):1-16.
    I discuss a significant distinction between two different applications of the principle of double effect. It serves sometimes to distinguish the intended effects of an action from side-Effects which are "relevant" to it, As providing reasons against it, For which the agent must admit responsibility, And of which he is the intentional agent; and sometimes to distinguish intended effects from side-Effects which are "irrelevant" to the action, As to which the agent denies responsibility and intentional agency.
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  10. Theories of criminal law.Antony Duff - 2008 - Stanford Encyclopedia of Philosophy.
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  11. Aristotelian Courage.Antony Duff - 1987 - Ratio (Misc.) 29 (1):2.
     
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  12.  40
    Can we Punish the Perpetrators of Atrocities?Antony Duff - unknown
  13.  19
    How not to Define Punishment.Antony Duff - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
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  14.  45
    The Intrusion of Mercy.Antony Duff - unknown
    On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...)
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  15.  12
    Punishment.Antony Duff - 1993 - Dartmouth Publishing Company.
    This philosophical work on punishment includes coverage of retributivisms, moral education and reform, consequentialism and rights, sentencing and how to make the punishment fit the crime, abolitionism and sociological perspectives.
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  16. Psychopathy and answerability.Antony Duff - 2010 - In Luca Malatesti & John McMillan (eds.), Responsibility and Psychopathy. Oxford: Oxford University Press. pp. 198-212.
  17.  83
    The incompleteness of 'punishment as fair play': A response to dagger.Antony Duff - 2008 - Res Publica 14 (4):277-281.
    Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different (...)
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  18. Symposium. The Apology Ritual.Christopher Bennett, Edgar Maraguat, J. M. Pérez Bermejo, Antony Duff, J. L. Martí, Sergi Rosell & Constantine Sandis - 2012 - Teorema: International Journal of Philosophy 31 (2).
    Symposium on Christopher Bennet's The Apology Ritual. A Philosophical Theory of Punishment [Cambridge University Press, 2008].
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  19.  98
    Philosophical foundations of criminal law.Antony Duff & Stuart P. Green (eds.) - 2011 - New York: Oxford University Press.
    Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways ...
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  20.  32
    Legal reasoning, good citizens, and the criminal law.Antony Duff - 2018 - Jurisprudence 9 (1):120-131.
    I discuss some of the roles that lay people play in relation to the criminal law, and how that law should figure in their practical reasoning: this will also cast light on the place of criminal law in a democratic republic. The two roles discussed in this paper are those of citizen, and juror. Citizens should be able to respect the law as their law – as a common law; but this must be a critical respect, captured in the idea (...)
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  21.  59
    Action, the Act Requirement and Criminal Liability.Antony Duff - 2004 - Royal Institute of Philosophy Supplement 55:69-103.
    The slogan that criminal liability requires an ‘act’, or a ‘voluntary act’, is still something of a commonplace in textbooks of criminal law. There are, it is usually added, certain exceptions to this requirement— cases in which liability is in fact, and perhaps even properly, imposed in the absence of such an act: but the ‘act requirement’ is taken to represent a normally minimal necessary condition of criminal liability. Even offences of strict liability, for which no mens rea is required, (...)
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  22. Psychopathy and answerability.Antony Duff - 2010 - In Luca Malatesti & John McMillan (eds.), Responsibility and Psychopathy: Interfacing Law, Psychiatry and Philosophy. Oxford University Press.
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  23.  91
    Philosophy and the criminal law: principle and critique.Antony Duff (ed.) - 1998 - New York: Cambridge University Press.
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political (...)
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  24.  28
    Desire, Duty and Moral Absolutes.Antony Duff - 1980 - Philosophy 55 (212):223 - 238.
    Philosophers have often claimed that the requirements of morality have an absolute and categorical status. Other values may be relative to the agent's ends, other imperatives hypothetical on his desires: their requirements must be justified by relating the action enjoined to the attainment of those ends or desires, and can be avoided by being shown to be incompatible with them. But the requirements of morality bind us whatever our ends or desires might be: they are not to be justified by (...)
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  25. Criminal Attempts.Antony Duff - 1999 - Law and Philosophy 18 (1):69-84.
     
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  26.  14
    Citizens in Prison.Antony Duff - 2014 - Netherlands Journal of Legal Philosophy 43 (1):3-6.
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  27.  15
    Motives and Criminal Liability.Antony Duff - 1998 - In Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press. pp. 156.
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  28.  36
    Must a good man be invulnerable?Antony Duff - 1976 - Ethics 86 (4):294-311.
  29.  37
    Presumptions Broad and Narrow.Antony Duff - 2013 - Netherlands Journal of Legal Philosophy 42 (3):268-274.
  30. Penal coercion and the apology ritual.Antony Duff - 2012 - Teorema: International Journal of Philosophy 31 (2):109-117.
     
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  31. Core Concepts in Criminal Law and Criminal Justice: Volume 2.Kai Ambos, Antony Duff, Alexander Heinze, Julian Roberts & Thomas Weigend (eds.) - 2022 - Cambridge University Press.
    The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which (...)
     
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  32.  25
    Commentary on "Psychopathy, Other-Regarding Moral Beliefs, and Responsibility".Antony Duff - 1996 - Philosophy, Psychiatry, and Psychology 3 (4):283-286.
    In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Psychopathy, Other-Regarding Moral Beliefs, and Responsibility”R. A. Duff (bio)AbstractI make four criticisms of Fields’s account of one type of psychopathy as a responsibility-negating personality disorder which involves an incapacity to form other-regarding moral beliefs. First, his account of what it is to hold moral beliefs (in terms of accepting universal practical principles) actually specifies neither a necessary, nor a sufficient, condition for holding a moral belief. Second, (...)
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  33.  23
    Moral Philosophy as Applied Science?Antony Duff - 1988 - Philosophy 63 (243):105 - 110.
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  34.  25
    Criminal Law Exceptionalism: Introduction.Christoph Burchard & Antony Duff - 2023 - Criminal Law and Philosophy 17 (1):3-4.
    Criminal law exceptionalism, or so I suggest, has turned into an ideology in German and Continental criminal law theory. It rests on interrelated claims about the (ideal or real) extraordinary qualities and properties of the criminal law and has led to exceptional doctrines in constitutional criminal law and criminal law theory. It prima facie paradoxically perpetuates and conserves the criminal law, and all too often leads to ideological thoughtlessness, which may blind us to the dark sides of criminal laws in (...)
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  35.  28
    Preface: The Presumption of Innocence.Liz Campbell, James Chalmers & Antony Duff - 2014 - Criminal Law and Philosophy 8 (2):283-284.
    Common lawyers are accustomed to the presumption of innocence being described as a “golden thread” running “[t]hroughout the web” of the criminal law: “that it is the duty of the prosecution to prove the prisoner’s guilt” (Woolmington v DPP [1935] AC 462 per Viscount Sankey LC at 481). But although the language of “golden thread” is memorable and oft-quoted, the presumption of innocence must mean more than this: it is not simply a restatement of the burden of proof in a (...)
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  36.  18
    Action and Criminal Responsibility.Antony Duff - unknown
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  37. Appendix: Response to Von Hirsch.Antony Duff - 2002 - In Derek Matravers & Jonathan Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
  38.  9
    Crimes Against Humanity and Hostes Generis Humani.Antony Duff - 2018 - Netherlands Journal of Legal Philosophy 47 (2):138-148.
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  39.  2
    Citizens and their Guests.Antony Duff - 2022 - Netherlands Journal of Legal Philosophy 51 (2):81-83.
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  40.  21
    Criminal Law, Civil Order and Public Wrongs.Antony Duff - 2019 - Law, Ethics and Philosophy 7.
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  41.  25
    Crimes, Regulatory Offences and Criminal Trials.Antony Duff - unknown
    First paragraph: The awesome range of Heike Jung’s work—over different aspects of criminal law, different jurisdictions and traditions, different disciplines and languages—makes life both easier and harder for contributors to his Festschrift: easier, because one can choose almost any criminal law topic and be confident that it will connect to his work; harder (for those with the British vices of monolingualism and intellectual parochialism), since one’s paper will display the linguistic, jurisdictional or intellectual limitations that Heike Jung’s work so impressively (...)
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  42.  42
    Good and evil and the criminal law.Antony Duff - 2011 - In Christopher Cordner & Raimond Gaita (eds.), Philosophy, Ethics, and a Common Humanity: Essays in Honour of Raimond Gaita. Routledge.
  43.  10
    Introduction.Antony Duff & Alec Walen - 2022 - Law and Philosophy 41 (2):167-168.
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  44.  35
    Is Accomplice Liability Superfluous?Antony Duff - unknown
    Preferred Citation: R.A. Duff, Response, Is Accomplice Liability Superfluous?, 156 U. Pa. L. Rev. PENNumbra 444 (2008), http://www.pennumbra.com/responses/04-2008/Duff.pdf.
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  45.  12
    Morality within the Limits of Reason.Antony Duff - 1992 - Philosophical Books 31 (4):242-245.
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  46.  1
    No more outlaws.Antony Duff - 2006 - The Philosophers' Magazine 34:61-64.
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  47.  59
    No more outlaws.Antony Duff - 2006 - The Philosophers' Magazine 34 (34):61-64.
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  48.  29
    Opinion.Antony Duff - 2000 - The Philosophers' Magazine 11:8-8.
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  49.  5
    Opinion.Antony Duff - 2000 - The Philosophers' Magazine 11:8-8.
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  50. Philosophy and the Criminal Law: Principle and Critique.Antony Duff - 2000 - Mind 109 (433):143-145.
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