Criminal Law and Philosophy

http://link.springer.com/journal/11572

List of Papers (Total 20)

Continuity and Change

This is the first issue of Criminal Law and Philosophy for which Antony Duff does not serve as Editor-in-Chief. With his usual generosity, he has always shared that title with others. Over the past several years—since Volume 2—he has shared that title with me. In truth, however, Criminal Law and Philosophy has always been Antony’s journal. The idea to launch the journal was largely ...

Duff on the Legitimacy of Punishment of Socially Deprived Offenders

Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the ...

Criminals or Patients? Towards a Tragic Conception of Moral and Legal Responsibility

There is a gap between, on the one hand, the tragic character of human action and, on the other hand, our moral and legal conceptions of responsibility that focus on individual agency and absolute guilt. Drawing on Kierkegaard’s understanding of tragic action and engaging with contemporary discourse on moral luck, poetic justice, and relational responsibility, this paper argues for ...

The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy

In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in ...

On the Relevance of Neuroscience to Criminal Responsibility

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different ...