Criminal responsibility

Victor Tadros

This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing an account of the foundations, both ethical and political, of criminal responsibility, and moves on to reconsider some of the central doctrines of criminal responsibility. Part 1 examines the nature of criminal responsibility by employing a distinctive new conception of autonomy. Tadros explores the nature of autonomy, and asks what it means to respect autonomy. Building upon this consideration of autonomy, Tadros then explores the central conditions of responsibility. He provides the first systematic consideration of the relationship between criminal responsibility and liberal political theory, showing how the conditions of responsibility are articulated in, and restrained by, the institutional setting of the criminal law. In Part 2, Tadros moves on to consider some of the central doctrines of criminal responsibility. He examines the proper nature and role of causation, intentions, and beliefs; asking whether these concepts should be understood as descriptive or normative. The book moves on to provide a systematic normative investigation of the nature and role of criminal omissions and criminal defences. Included are: a thorough account of the different ways in which mental disorders might ground defences, the nature of justification defences, the different kinds of excuse claim and the role that particular characteristics of the accused might have on the standards which the defendant must have met to escape criminal responsibility.

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[目次]

  • 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

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この本の情報

書名 Criminal responsibility
著作者等 Tadros, Victor
出版元 Oxford University Press
刊行年月 2007
ページ数 xiv, 389 p.
大きさ 24 cm
ISBN 9780199225828
NCID BA82080628
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言語 英語
出版国 イギリス
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