The Criminal Law's Person.

Format:

Book

Author/Creator:

Lernestedt, Claes.

Contributor:

Matravers, Matt.

Language:

English

Subjects (All):

Criminal liability.

Bias (Law).

Physical Description:

1 online resource (215 pages)

Place of Publication:

London : Bloomsbury Publishing Plc, 2022.

Summary:

This scholarly volume explores the concept of the 'criminal law's person'—the individual as constructed and understood within the framework of criminal law. Through interdisciplinary perspectives, it examines the foundations of blame, guilt, and responsibility in legal contexts, considering how normative, psychological, and moral concepts shape these ideas. Edited by Claes Lernestedt and Matt Matravers, the book features contributions from an international team of academics who analyze issues such as excusing circumstances, implicit bias, unfree agency, and the moral psychology of criminal responsibility. Intended for legal scholars, philosophers, and practitioners, the book aims to deepen the understanding of how legal systems define and engage with individuals subject to criminal liability, addressing both traditional and emerging challenges in the field. Generated by AI.

Contents:

Acknowledgements

Contents

List of Contributors

1. Introduction: The Criminal Law’s Person

I. Criminal Justice: Political Not Metaphysical

II. The Criminal Law and the Criminal Law's Person(s)

III. Contested Sources, Contested Purposes

IV. Outline of the Volume

2. The Criminal Law’s Various Persons

I. Introduction

II. Ex Ante: Criminalisation, Policing and Prosecution

III. Ex Post: Conviction and Sentencing

IV. 'Science' and the Criminal Law's Various Persons

3. The Criminal Law’s Person and Normative Elements in the Legal Definition of Excusing Circumstances

II. The Presumption of Guilt in the Normative Concept of the Criminal Law's Person

III. The Presumption of Guilt and Excusing Circumstances in Criminal Law

IV. Conclusions

4. Standard-Setting versus Tracking ‘Profound’ Blameworthiness: What should be the Role of the Rules for Ascription of Responsibility?

II. Criminal Law Backwards and Forwards

III. What If? A Flexible Within

IV. A Few Examples

V. Closing Comments: The Criminal Law and Everyday People

5. Attributability and Accountability in the Criminal Law

I. Two Concepts of Responsibility

II. Two Routes to Criminal Responsibility: The Attributability Route

III. Two Routes To Criminal Responsibility: The Accountability Route

IV. Two Persons of Criminal Responsibility

V. Attributability Versus Accountability Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

1-5099-2376-4