scholarly journals Castigo y comunidad: algunas reflexiones en torno al debate Gargarella-Duff

2021 ◽  
pp. 241-246
Author(s):  
Tomás Fernandez Fiks
Keyword(s):  
Antony Duff

El artículo analiza algunos puntos del diálogo entablado en los últimos años entre Roberto Gargarella y Antony Duff. Gargarella ha criticado a Duff por defender una mirada que incorpora elementos de dos concepciones políticas rivales, el liberalismo y el comunitarismo, dando lugar a una teoría que es internamente inconsistente. El problema de dicha crítica es que Gargarella incurre en el mismo tipo de contradicción que atribuye a Duff. Luego de identificar la tensión que está presente en la obra de Gargarella se propone una forma posible de resolverla.

Introduction

2019 ◽  
pp. 1-4
Author(s):  
D. Justin Coates ◽  
Neal A. Tognazzini
Keyword(s):  
Moral Responsibility ◽  
Current Account ◽  
Moral Status ◽  
Criminal Responsibility ◽  
Personal History ◽  
Michael Smith ◽  
Gary Watson ◽  
The Relationship ◽  
Susan Wolf ◽  
Antony Duff

In this brief introduction, the editors summarize the motivation for the coming together of these chapters—which is to celebrate the work and philosophical legacy of Gary Watson—as well as the content of each contribution. Michael McKenna builds on and systematizes several key elements of Watson’s views on agency and responsibility. Susan Wolf extends elements of Watson’s oeuvre, notably the relationship between the way agents are responsible for their actions and the kind of response licensed by those actions. Pamela Hieronymi goes on from Watson’s work to offer her own account of what blame’s about. R. Jay Wallace is also concerned with Watson’s overall conception of moral responsibility, understanding blame to be an incipient form of moral address. Michael Smith continues the theme, offering a possible theory of moral responsibility similarly grounded in the reactive emotions. T. M. Scanlon continues a debate that Scanlon and Watson have been having over the moral status of psychopaths. Jeanette Kennett argues that psychopaths are not accountable for their actions in the sense required for moral blameworthiness; and that psychopaths’ actions are not attributable to them so as to make them plausibly criminal. Antony Duff extends Watson’s work on moral responsibility to the domain of criminal responsibility. Gideon Yaffe seeks to better understand the prospects of Watson’s account of addiction. Gary Watson himself offers his current account of the distinction between the two faces of responsibility and thoughts on weakness of will and negligence. Finally, a 2016 interview of Watson by Sarah Buss is a wide-ranging and significant discussion of Gary’s personal history and philosophical development.

scholarly journals The Problem of Over-Inclusive Offenses: A Closer Look at Duff on Legal Moralism and Mala Prohibita

2020 ◽  
Vol 14 (3) ◽  
pp. 395-416
Author(s):  
Stephen Bero ◽  
Alex Sarch
Keyword(s):  
Criminal Law ◽  
Legal Moralism ◽  
Criminal Offense ◽  
The Law ◽  
Antony Duff

Abstract There are sometimes good reasons to define a criminal offense in a way that is over-inclusive, in the sense that the definition will encompass conduct that is not otherwise wrongful. But are these reasons ever sufficient? When, if ever, can such laws justifiably be made and enforced? When, if ever, can they permissibly be violated? In The Realm of Criminal Law, Antony Duff tackles this challenge head on. We find Duff’s strategy promising in many ways as an effort to reconcile over-inclusive offenses with the wrongness constraint on criminalization. Nonetheless, we aim to move the discussion forward by raising questions about Duff’s solution and highlighting some limitations and costs. We begin in Part 2 by sketching the contours of Duff’s position; then in Part 3 we propose one refinement and offer two practical observations; and finally, in Part 4 we raise broader concerns. In particular, we question whether the problem of over-inclusive offenses is one that can or ought to be solved, or whether it is better conceived as a difficulty to be managed and mitigated. Of course, we should avoid undue harshness in the law where we can, and Duff’s approach is guided by this worthy ambition. But there may also be a limit to this. To the extent that the harshness cannot be avoided, perhaps this should be acknowledged and faced up to, rather than obscured or finessed.

Citizenship V. Territory: Explaining the Scope of the Criminal Law

2010 ◽  
Vol 13 (2) ◽  
pp. 427-448
Author(s):  
Alejandro Chehtman
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fair Trial ◽  
The State ◽  
Universal Jurisdiction ◽  
Collective Interest ◽  
International Crimes ◽  
The Right ◽  
Meaningful Role ◽  
Antony Duff

Antony Duff and his coauthors have influentially argued that citizenship plays a central role in accounting both for the way in which the state makes individuals criminally responsible for certain wrongs and for calling them to answer for their wrongs. This paper takes issue with this citizenship-based understanding of the scope of the criminal law. It argues that Duff's model of civic criminal liability faces difficulties in explaining states' right to punish foreigners for crimes committed on their territory, and sits very uncomfortably with states claiming universal jurisdiction over international crimes. In contrast, it advocates a territorial conception of the criminal law. It suggests that to account for the allocation and scope of the right to punish, we need to look at the (collective) interest of those individuals who actually are in the territory of a particular state, not merely its citizens. Finally, it examines whether the notion of citizenship plays any meaningful role in a convincing account of the authority of the state to try an offender. Contra Duff and others, it argues that this authority rests exclusively on defendants receiving a fair trial and a verdict based on reliable evidence.

scholarly journals Approaching or Re-thinking the Realm of Criminal Law?

2019 ◽  
Vol 14 (3) ◽  
pp. 307-318
Author(s):  
Nicola Lacey
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
The Political ◽  
Moral Foundations ◽  
The Past ◽  
Political Morality ◽  
To Come ◽  
Civil Order ◽  
Antony Duff

Abstract In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes (Duff et al. in The boundaries of the criminal law, 2010; The structures of the criminal law, 2011; The constitution of the criminal law, 2013; Criminalization: the political morality of the criminal law, 2014) and two fine monographs by Farmer (Making the modern criminal law: criminalization and civil order, 2016) and Tadros (Wrongs and crimes, 2016; see also Tadros in The ends of harm: the moral foundations of criminal law, 2011). It will shape the field for decades to come; and it has decisively laid to rest a longstanding puzzle about why, within criminal law theory, the principles underlying criminalisation had received relatively little attention as compared with those underlying, most obviously, criminal responsibility (cf. Lacey in Frontiers of criminality, 1995).

Calling Antony Duff to Account

2013 ◽  
Vol 9 (4) ◽  
pp. 737-751 ◽  
Author(s):  
Malcolm Thorburn
Keyword(s):  
Antony Duff

scholarly journals Comentarios de libros: Comentario a Antony Duff: Sobre el castigo. Por una justicia penal que hable el lenguaje de la comunidad

2018 ◽  
Vol 1 (43) ◽  
pp. 191-194
Author(s):  
Florencia Ferreira ◽  
Tatiana Jack
Keyword(s):  
Buenos Aires ◽  
Antony Duff

Comentario a Antony Duff: Sobre el castigo. Por una justicia penal que hable el lenguaje de la comunidadSiglo XXI Editores, Buenos Aires, 2015

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