‘Who’s Still Standing?’ A Comment on Antony Duff’s Preconditions of Criminal Liability

Abstract Antony Duff has argued that an important precondition of criminal liability is that the state has the moral standing to call the offender to account. Conditions of severe social injustice, if allowed or perpetuated by the state, can undermine this standing. Duff’s argument appeals to the or...

Full description

Saved in:  
Bibliographic Details
Main Author: Matravers, Matt (Author)
Format: Electronic Article
Language:English
Check availability: HBZ Gateway
Journals Online & Print:
Drawer...
Fernleihe:Fernleihe für die Fachinformationsdienste
Published: Brill 2006
In: Journal of moral philosophy
Year: 2006, Volume: 3, Issue: 3, Pages: 320-330
Further subjects:B Punishment
B Duff
B SOCIAL injustice
B criminal liability
Online Access: Volltext (lizenzpflichtig)
Volltext (lizenzpflichtig)
Description
Summary:Abstract Antony Duff has argued that an important precondition of criminal liability is that the state has the moral standing to call the offender to account. Conditions of severe social injustice, if allowed or perpetuated by the state, can undermine this standing. Duff’s argument appeals to the ordinary idea that a person’s own behaviour can sometimes negate his standing to call others to account. It is argued that this is an important issue, but that the analogy with individual standing is problematic. Moreover, Duff’s account of standing needs to address two interconnected issues: first, when and in what way the state can lose its standing to call offenders to account, and second, over what range of offences.
ISSN:1745-5243
Contains:Enthalten in: Journal of moral philosophy
Persistent identifiers:DOI: 10.1177/1740468106072651