CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, June 3, 2011

Gardner on Relations of Responsibility

Gardner_john John Gardner (University of Oxford - Faculty of Law) has posted Relations of Responsibility on SSRN. Here is the abstract:

This draft contrbution to a fothcoming Festschrift for Antony Duff challenges his justly famous account according to which criminal responsibilty is doubly relational. It is relational in the sense that it is owed to someone; it is also relational in the sense that an existing relationship (citizen-country, guest-host, etc.) figures in justifying its being owed to that someone. I discuss the connection, in Duff's writings, between these views about responsibility and someof his views about authority. I suggest that, even according to Duff in less guarded moments, the normal justification for authority, and hence for criminal responsibility, is non-relational.

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