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The Criminal Law’s Person (eBook)

Edited by: Claes Lernestedt, Matt Matravers

ISBN13: 9781509923755

Published: February 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £37.79
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Encounters between criminal-law scholars and those working in 'explanatory' and 'behavioural' sciences have often been characterized by mutual distrust and defensiveness. This distrust is especially intense in connection with the theory and practice of criminal responsibility. To break this deadlock, a new framing of the issues is needed. This is not simply a matter of asking, for example, what follows for criminal responsibility (and responsibility more generally) from the latest scientific findings in neuroscience. Research and conferences on neuroscience and the law abound. Rather, what is needed is to re-examine the fundamental idea of the criminal law's person so as to construct a more nuanced understanding of criminal law's blameworthy individual. That is the goal of this volume. Achieving this goal is necessarily an interdisciplinary task and the volume brings together an international group of academics from across the fields of law, philosophy, and ethics to engage with these topics.

Subjects:: Criminal Law, Jurisprudence, eBooks

Contents:: 1. Introduction: The Criminal Law's Person; Claes Lernestedt, Stockholm University, Sweden and Matt Matravers, University of York, UK; I. Criminal Justice: Political Not Metaphysical; II. The Criminal Law and the Criminal Law's Person(s); III. Contested Sources, Contested Purposes; IV. Outline of the Volume; 2. The Criminal Law's Various Persons; Matt Matravers, University of York, UK; I. Introduction; II. Ex Ante: Criminalisation, Policing and Prosecution; III. Ex Post: Conviction and Sentencing; IV. 'Science' and the Criminal Law's Various Persons; 3. The Criminal Law's Person and Normative Elements in the Legal Definition of Excusing Circumstances; Kai Hamdorf, Federal Court of Justice, Germany; I. Introduction; II. The Presumption of Guilt in the Normative Concept of the Criminal Law's Person; III. The Presumption of Guilt and Excusing Circumstances in Criminal Law; IV. Conclusions; 4. Standard-Setting versus Tracking 'Profound' Blameworthiness: What should be the Role of the Rules for Ascription of Responsibility?; Claes Lernestedt, Stockholm University, Sweden; I. Introduction; II. Criminal Law Backwards and Forwards; III. What if? A Flexible within; IV. A Few Examples; V. Closing Comments: The Criminal Law and Everyday People; 5. Attributability and Accountability in the Criminal Law; Robin Zheng, University of Glasgow, UK; I. Two Concepts of Responsibility; II. Two Routes to Criminal Responsibility: The Attributability Route; III. Two Routes to Criminal Responsibility: The Accountability Route; IV. Two Persons of Criminal Responsibility; V. Attributability versus Accountability; 6. In Search of Criminal Law's Person; Malcolm Thorburn, University of Toronto, Canada; I. Introduction; II. Legal Personality; III. Responsible Agency in Criminal Law; IV. Conclusion; 7. Victims Who Victimise: Guilt in Political Theory and Moral Psychology; Alan Norrie, Warwick University, UK; I. The Problem of Perpetrators as Victims Who Victimise; II. Normative Political Theory: The Problem of the Ideal and the Actual; III. The Moral Psychology of Guilt: Towards a Moral Grammar; IV. The Guilt of Perpetrators as Victims Who Victimise; 8. Responsibility Beyond Blame: Unfree Agency and the Moral Psychology of Criminal Law's Persons; Craig Reeves, Birkbeck, University of London, UK; I. Introduction; II. Blame and Blameworthiness; III. The Tyranny of the Past; IV. Unfree Agency; V. The Moral Psychology of Heteronomy; VI. The Antinomy of Responsibility; VII. Responsibility, Reification and Respect; VIII. The Grammar of Taking Responsibility; 9. Implicit Bias, Self-Defence and the Reasonable Person; Jules Holroyd, University of Sheffield, UK and Federico Picinali, London School of Economics and Political Science, UK; I. Introduction; II. Unreasonable Persons and Biased Beliefs; III. Racism and Self-Defence; IV. US Law and the 'Reasonable-Belief Rule'; V. Evaluating the Reasonable Person Standards; VI. English and Welsh Law and the Genuine Belief Rule; VII. A Palliative Solution; VIII. Concluding Remarks