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R. A. Duff [123]R. Antony Duff [4]R. Anthony Duff [3]
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R. A. Duff
University of Stirling
  1. Punishment, Communication, and Community.R. A. Duff - 2001 - Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...)
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  2. Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.
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  3.  45
    Trials and Punishments.R. A. Duff - 1986 - Cambridge University Press.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...)
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  4.  61
    Trials and Punishments.John Cottingham & R. A. Duff - 1987 - Philosophical Quarterly 37 (149):448.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...)
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  5. Blame, moral standing and the legitimacy of the criminal trial.R. A. 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. 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 state or its officials. The examination of this (...)
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  6. Towards a Modest Legal Moralism.R. A. Duff - 2014 - Criminal Law and Philosophy 8 (1):217-235.
    After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...)
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  7.  73
    Moral Relativity.R. A. Duff - 1986 - Philosophical Quarterly 36 (142):99-101.
  8.  11
    Moral Dilemmas.R. A. Duff - 1989 - Philosophical Quarterly 39 (155):240-242.
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  9. Iv-answering for crime.R. A. Duff - 2006 - Proceedings of the Aristotelian Society 106 (1):87-113.
    We can gain fresh insights into aspects of criminal liability by focusing first on the prior topic of criminal responsibility, and on the relational dimensions of responsibility: responsibility is responsibility for something, to someone. We are criminally responsible as citizens, to our fellow citizens, for committing 'public' wrongs: I discuss the difficulty of giving determinate content to this idea of public wrongs, and the way in which, whereas moral responsibility is typically strict, criminal responsibility is not. Finally, I explore the (...)
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  10. Responsibility, citizenship, and criminal law.R. A. Duff - 2011 - In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 125--148.
  11. Choice, character, and criminal liability.R. A. Duff - 1993 - Law and Philosophy 12 (4):345 - 383.
  12.  45
    Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law.Anthony Kenny & R. A. Duff - 1991 - Philosophical Quarterly 41 (164):378.
  13.  18
    Reporting Crimes and Arresting Criminals: Citizens’ Rights and Responsibilities Under Their Criminal Law.R. A. Duff & S. E. Marshall - forthcoming - Criminal Law and Philosophy:1-21.
    Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...)
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  14. Criminal Attempts.R. Antony Duff - 2000 - Mind 109 (435):583-587.
     
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  15. Towards a theory of criminal law?R. A. Duff - 2010 - Aristotelian Society Supplementary Volume 84 (1):1-28.
    After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...)
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  16.  24
    Virtues and Vices.R. A. Duff - 1980 - Philosophical Quarterly 30 (118):86-88.
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  17. Criminal Attempts.R. A. Duff - 1999 - Philosophical Quarterly 49 (197):551-553.
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  18. Public and Private Wrongs.R. A. Duff & Sandra Marshall - 2010 - In James Chalmers, Fiona Leverick & Lindsay Farmer (eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon. Edinburgh: Edinburhg University Press. pp. 70-85.
    Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...)
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  19. Strict liability, legal presumptions, and the presumption of innocence.R. A. Duff - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press. pp. 125-49.
  20. Authority and responsibility in international criminal law.R. A. Duff - 2010 - In Samantha Besson & John Tasioulas (eds.), Philosophy of International Law. Oxford: Oxford University Press. pp. 589-604.
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  21.  95
    Crime, prohibition, and punishment.R. A. Duff - 2002 - Journal of Applied Philosophy 19 (2):97–108.
    Nigel Walker’s first principle of criminalization declares that ‘Prohibitions should not be included in the criminal law for the sole purpose of ensuring that breaches of them are visited with retributive punishment’. I argue that we should reject this principle, for ‘mala prohibita’ as well as for ‘mala in se’: conduct should be criminalized in order to ensure (as far as we reasonably can) that those who engage in it receive retributive punishment. In the course of the argument, I show (...)
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  22.  32
    Two Models of Criminal Fault.R. A. Duff - 2019 - Criminal Law and Philosophy 13 (4):643-665.
    I discuss two problems for the standard Anglo-American account of recklessness, and the distinctions between intention, recklessness, and negligence. One problem concerns the over-breadth of recklessness as thus defined—that it covers agents whose actions display different kinds of culpability. The other problem concerns the importance attached to awareness of risk in distinguishing recklessness from negligence—that one who is unaware of the risk that he takes or creates sometimes displays just the same kind of fault as an advertent risk-taker. We can (...)
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  23.  39
    Relational Reasons and the Criminal Law.R. A. Duff - 2013 - In B. Leiter & L. Green (eds.), Oxford Studies in Legal Philosophy, vol. 2. Oxford UP. pp. 175-208.
    First paragraph: Some reasons for action are relational. I have a relational reason to Φ when I have reason to Φ in virtue of a relationship in which I stand, or a role that I fill; absent that relationship or that role I would not have that reason to Φ ; others who do not stand in that relationship or fill that role do not have that reason to Φ . I have a relational reason to feed this child -- (...)
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  24.  98
    Strict responsibility, moral and criminal.R. A. Duff - 2009 - Journal of Value Inquiry 43 (3):295-313.
  25.  73
    The Intrusion of Mercy.R. A. Duff - 2007 - Ohio State Journal of Criminal Law 4:361-87.
    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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  26.  74
    Excuses, moral and legal: a comment on Marcia Baron’s ‘excuses, excuses’.R. A. Duff - 2007 - Criminal Law and Philosophy 1 (1):49-55.
    Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...)
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  27.  11
    ‘De Minimis’ and the Structure of the Criminal Trial.R. A. Duff - 2022 - Law and Philosophy 42 (1):57-86.
    The Model Penal Code’s ‘De Minimis’ provisions (§ 2.12) cover different kinds of case in which, for reasons of equity, a prosecution should be dismissed. An exploration of these different cases illuminates some general issues about the structure of the criminal process, and about the processes of criminalization. These include the significance of the difference between dismissing a case and acquitting the defendant, and of the distinction between offences and defences; whether criminal offences should always be so defined that they (...)
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  28.  41
    Responsibility and Reciprocity.R. A. Duff - 2018 - Ethical Theory and Moral Practice 21 (4):775-787.
    Discussions of responsibility typically focus on the person who is held responsible: what are the conditions or criteria of responsibility; what can be done to or demanded of a person who is responsible? This paper shifts focus onto those who hold, rather than those who are held, responsible: what do we owe to those whom we hold responsible? After distinguishing responsibility as answerability from responsibility as liability, it attends mainly to the former, and points out the ways in which it (...)
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  29.  53
    The Limits of Virtue Jurisprudence.R. A. Duff - 2003 - Metaphilosophy 34 (1-2):214-224.
    In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...)
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  30.  23
    Criminalization: The Political Morality of Criminal Law.R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.) - 2014 - Oxford University Press.
    The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.
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  31.  23
    Defining Crimes: Essays on the Special Part of the Criminal Law.R. A. Duff & Stuart Green (eds.) - 2005 - Oxford University Press UK.
    This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper (...)
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  32.  42
    The Ethics of Homicide.R. A. Duff & P. E. Devine - 1980 - Philosophical Quarterly 30 (120):273.
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  33.  62
    Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?R. A. Duff - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):189-220.
    The article offers an Aristotelian analysis of emotion-based defences in criminal law: someone who commits an offence is entitled to an excuse if she was motivated by a justifiably aroused and strongly felt emotion that gave her good reason to commit the offence and that might have destabilised the practical rationality even of a ‘reasonable’ person. This analysis captures the logical structure of duress and provocation as excuses—and also shows why provocation is controversial as even a partial defence. This pattern (...)
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  34.  18
    Philosophical Foundations of Criminal Law.R. A. Duff & Stuart Green (eds.) - 2011 - New York: Oxford University Press UK.
    25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have (...)
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  35.  74
    Auctions, lotteries, and the punishment of attempts.R. A. Duff - 1990 - Law and Philosophy 9 (1):1 - 37.
  36. Punishment.R. A. Duff - 2005 - In Hugh LaFollette (ed.), The Oxford Handbook of Practical Ethics. Oxford University Press.
  37. Rule Violations and Wrongdoings.R. A. Duff - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press. pp. 47--74.
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  38.  38
    The Constitution of the Criminal Law.R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.) - 2013 - Oxford University Press.
    The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.
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  39.  53
    Crimes, Public Wrongs, and Civil Order.R. A. Duff & S. E. Marshall - 2019 - Criminal Law and Philosophy 13 (1):27-48.
    The idea that crimes can usefully be understood as ‘public wrongs’, and that this can generate a plausible principle of criminalisation, has found some support in recent years; it has also been subjected to some sharp criticism. This paper aims to sketch the most plausible version of that idea, and to show how, once properly explained, it is not vulnerable to those criticisms. After a brief defence of the negative principle, that we may not criminalise conduct that does not constitute (...)
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  40.  14
    Can we Punish the Perpetrators of Atrocities?R. A. Duff - 2009 - In Brudholm & Cushman (eds), The Religious in Responses to Mass Atrocities (Cambridge University Press). pp. 79-104.
  41. Intentionally Killing the Innocent.R. A. Duff - 1973 - Analysis 34 (1):16 - 19.
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  42.  41
    Responsibility and liability in criminal law.R. A. Duff - 2008 - In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
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  43.  40
    The virtues and vices of virtue jurisprudence.R. A. Duff - 2006 - In Timothy Chappell (ed.), Values and Virtues: Aristotelianism in Contemporary Ethics. Oxford University Press.
  44.  18
    Introduction: Crime and Citizenship.R. A. Duff - 2005 - Journal of Applied Philosophy 22 (3):211-216.
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  45.  40
    Punishment, dignity and degradation.R. Anthony Duff - 2005 - Oxford Journal of Legal Studies 25 (1):141-155.
  46. In Response.R. A. Duff - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
  47.  13
    What kind of responsibility must criminal law presuppose?R. A. Duff - 2011 - In Richard Swinburne (ed.), Free Will and Modern Science. Oup/British Academy.
    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 (...)
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  48.  19
    Punishment and Crime.Ross Harrison & R. A. Duff - 1988 - Aristotelian Society Supplementary Volume 62 (1):139 - 167.
  49. Punishment and Crime.Ross Harrison & R. A. Duff - 1988 - Aristotelian Society Supplementary Volume 62:139-167.
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  50.  16
    What’s so Special about the Criminal Trial?R. A. Duff - 2023 - Quaestio Facti. Revista Internacional Sobre Razonamiento Probatorio 5.
    This paper offers some further support to Sarah Summers’ argument, in «The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights», that we cannot separate process from outcome in the criminal trial—that the justification and legitimacy of the verdict (especially of a conviction) depends crucially on the procedure through which it was reached. Intuitive support for this view is found by considering the case of a guilty person who is convicted after a trial that denied him the opportunity or (...)
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