-
38Defending the Realm of Criminal LawCriminal Law and Philosophy 14 (3): 465-500. 2020.This is a response to ten critiques of my 2018 book The Realm of Criminal Law, by Stephen Bero and Alex Sarch, Kim Ferzan, Stuart Green, Doug Husak, Nicola Lacey, Sandra Mayson, Victor Tadros, Patrick Tomlin, Alec Walen, and Gideon Yaffe. I take the opportunity to explain the main aims and themes of the book, to clarify some of its arguments, and to note some of the ways in which those arguments need expansion, development, or revision. Topics discussed include: the usefulness and limits of ‘rat…Read more
-
32Two Models of Criminal FaultCriminal Law and Philosophy 13 (4): 643-665. 2019.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 …Read more
-
9Crimes Against Humanity and Hostes Generis HumaniNetherlands Journal of Legal Philosophy 47 (2): 138-148. 2018.
-
65Trials and PunishmentsPhilosophical Quarterly 37 (149): 448. 1987.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, and of th…Read more
-
41Responsibility and ReciprocityEthical Theory and Moral Practice 21 (4): 775-787. 2018.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 …Read more
-
8Book ReviewsRobert P. Burns, A Theory of the Trial.Princeton, N.J.: Princeton University Press, 1999. Pp. 247. $29.95Ethics 114 (1): 161-164. 2003.
-
55Crimes, Public Wrongs, and Civil OrderCriminal Law and Philosophy 13 (1): 27-48. 2019.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 a public w…Read more
-
30Legal reasoning, good citizens, and the criminal lawJurisprudence 9 (1): 120-131. 2018.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 of ‘law abidance’ as a civic virtue. Jurors are tasked with making norma…Read more
-
38The Constitution of the Criminal Law (edited book)Oxford University Press. 2013.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.
-
23Criminalization: The Political Morality of Criminal Law (edited book)Oxford University Press. 2014.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.
-
23Attempted HomicideLegal Theory 1 (2): 149-178. 1995.Criminal attempts, it is often said, are crimes of intention. While many complete crimes can be committed recklessly, criminal attempts require “purposive conduct”; in attempts “the intent is the essence of the crime.” But what kind of intention is required; what must be intended, or purposed, by someone who is to be guilty of a criminal attempt?
-
6Iv *—answering for crimeProceedings of the Aristotelian Society (Paperback) 106 (1): 85-111. 2006.
-
4Review of Jacob Adler: The Urgings of Conscience: A Theory of Punishment. (review)Ethics 104 (1): 181-182. 1993.
-
In ResponseIn Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff, Oxford University Press. 2011.
-
6Subjectivism, objectivism, and criminal attemptsIn A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability, Oxford University Press. pp. 19--44. 1996.
-
21A Reply to BickenbachCanadian Journal of Philosophy 18 (4). 1988.Jerome Bickenbach has provided a fair and sympathetic account of my argument in Trials and Punishments, and has clarified some of the book’s obscurities - for which I am very grateful: I will focus my response on his main objection to my account of punishment, since I am not persuaded that the objection holds.Bickenbach argues that my ideal account of what punishment ought to be if it is to be adequately justified would actually show, if it succeeds, that criminal punishment cannot be justified …Read more
-
18Book Review:The Urgings of Conscience: A Theory of Punishment. Jacob Adler (review)Ethics 104 (1): 181-. 1993.
Areas of Specialization
Criminal Law |
Philosophy of Law, Miscellaneous |