Part 1 examines the nature of criminal responsibility by exploring what it means for an agent to be responsible for an action, and the constraints that there are on holding an agent criminally responsible which arise from the particular social and institutional role that the criminal law has. Tadros develops a character theory of criminal responsibility. Character, he argues, is relevant both in determining which actions an agent is responsible for, as well as the kind of fault that he has in respect of those actions. However, he shows some limitations in the character theory of criminal responsibility as it has been defended to date, developing a version that is not susceptible to the central objections that have been levelled at character theories. Finally, Part 1 investigates the structure oi criminal responsibility, considering the distinction between offence and defence, and investigating how best to categorise and structure defences.
In Part 2 Tadros moves on to consider some of the central doctrines of criminal responsibility in the light of the general theory developed in Part 1. He examines the proper nature and role of causation and investigates whether there is a general principle of criminal omissions. The book then explores the nature and rolethat intentions and beliefs ought to have in a theory of criminal responsibility. Tadros also provides an account of different kinds of defence: exemptions, justifications, and excuses. The book includes a thorough account of the different ways in which mental disorders might ground defences, the different kinds of normative standards that the criminal law ought to set in offence and defence contexts, and whether particular deficiencies of the accused ought to be accommodated in setting those standards.
About the Author:
Victor Tadros is Professor of Law at the University of Warwick
Part 1 examines the nature of criminal responsibility by exploring what it means for an agent to be responsible for an action, and the constraints that there are on holding an agent criminally responsible which arise from the particular social and institutional role that the criminal law has. Tadros develops a character theory of criminal responsibility. Character, he argues, is relevant both in determining which actions an agent is responsible for, as well as the kind of fault that he has in respect of those actions. However, he shows some limitations in the character theory of criminal responsibility as it has been defended to date, developing a version that is not susceptible to the central objections that have been levelled at character theories. Finally, Part 1 investigates the structure oi criminal responsibility, considering the distinction between offence and defence, and investigating how best to categorise and structure defences.
In Part 2 Tadros moves on to consider some of the central doctrines of criminal responsibility in the light of the general theory developed in Part 1. He examines the proper nature and role of causation and investigates whether there is a general principle of criminal omissions. The book then explores the nature and rolethat intentions and beliefs ought to have in a theory of criminal responsibility. Tadros also provides an account of different kinds of defence: exemptions, justifications, and excuses. The book includes a thorough account of the different ways in which mental disorders might ground defences, the different kinds of normative standards that the criminal law ought to set in offence and defence contexts, and whether particular deficiencies of the accused ought to be accommodated in setting those standards.
About the Author:
Victor Tadros is Professor of Law at the University of Warwick
Criminal Responsibility
Criminal Responsibility
Product Details
| ISBN-13: | 9780199261598 |
|---|---|
| Publisher: | Oxford University Press, USA |
| Publication date: | 09/29/2005 |
| Series: | Oxford Monographs on Criminal Law and Justice Series |
| Product dimensions: | 9.30(w) x 6.30(h) x 1.10(d) |