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R. A. Duff [80]R. Antony Duff [3]R. Anthony Duff [2]
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Profile: R. A. Duff (University of Stirling)
  1. R. A. Duff, Relational Reasons and the Criminal Law.
    First paragraph: Some reasons for action are relational. I have a relational reason to Φ when I have reason to Φ in virtue of a relationship in which I stand, or a role that I fill; absent that relationship or that role I would not have that reason to Φ ; others who do not stand in that relationship or fill that role do not have that reason to Φ . I have a relational reason to feed this child -- (...)
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  2. R. A. Duff (2014). Symposium on Criminalization. Criminal Law and Philosophy 8 (1):147-148.
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  3. R. A. Duff (2014). Towards a Modest Legal Moralism. Criminal Law and Philosophy 8 (1):217-235.
    After distinguishing different species of Legal Moralism (positive vs. negative; modest vs. ambitious) I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if (and only if) it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a (merely) moral practice, and therefore that in asking what kinds of conduct we have (...)
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  4. R. A. Duff, Virtue, Vice and the Criminal Law - A Response to Huigens and Yankah.
    First paragraph: It is worth distinguishing two kinds of role that ideas of virtue and vice might play in the criminal law (or in our theoretical understanding of the criminal law). Each kind admits of a range of variations; each can be more or less ambitious in scope and aim: but although there are of course quite close connections between the two kinds, we can usefully sketch them as two different ways of developing a virtue jurisprudence of criminal law. Both (...)
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  5. R. A. Duff, Action and Criminal Responsibility.
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  6. R. A. Duff, Authority and Responsibility in International Criminal Law.
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  7. R. A. Duff, Crimes, Regulatory Offences and Criminal Trials.
    First paragraph: The awesome range of Heike Jung’s work—over different aspects of criminal law, different jurisdictions and traditions, different disciplines and languages—makes life both easier and harder for contributors to his Festschrift: easier, because one can choose almost any criminal law topic and be confident that it will connect to his work; harder (for those with the British vices of monolingualism and intellectual parochialism), since one’s paper will display the linguistic, jurisdictional or intellectual limitations that Heike Jung’s work so impressively (...)
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  8. R. A. Duff, Can We Punish the Perpetrators of Atrocities?
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  9. R. A. Duff, Good and Evil and the Criminal Law.
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  10. R. A. Duff, Is Accomplice Liability Superfluous?
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  11. R. A. Duff, Psychopathy and Answerability.
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  12. R. A. Duff (2013). Punishment and the Duties of Offenders. Law and Philosophy 32 (1):109-127.
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  13. R. A. Duff, The Intrusion of Mercy.
    On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...)
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  14. R. A. Duff, Whose Luck is It Anyway?
    First paragraph: Dangerous driving attracts a maximum penalty of a heavy fine, or in the most serious cases up to six months’ imprisonment; but if it causes death, the maximum penalty is fourteen years’ imprisonment. Careless driving attracts a maximum penalty of a level 4 fine; driving whilst under the influence of drink or drugs attracts a maximum penalty of a level 5 fine and/or up to six months’ imprisonment: but if someone causes death by careless driving when under the (...)
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  15. R. A. Duff, L. Farmer, S. Marshall, M. Renzo & V. Tadros (eds.) (2013). The Constitution of the Criminal Law. Oxford University Press.
    Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the ...
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  16. R. A. Duff & Sandra Marshall, Public and Private Wrongs.
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  17. R. A. Duff (2012). Guiding Commitments and Criminal Liability for Attempts. Criminal Law and Philosophy 6 (3):411-427.
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  18. R. A. Duff (2012). Symposium: Gideon Yaffe's Attempts. [REVIEW] Criminal Law and Philosophy 6 (3):381-381.
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  19. R. A. Duff (2011). In Response. In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oup Oxford.
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  20. R. A. Duff (2011). Mercy. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
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  21. R. A. Duff (2011). Responsibility, Citizenship, and Criminal Law. In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. 125--148.
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  22. R. A. Duff (2011). What Kind of Responsibility Must Criminal Law Presuppose? In Richard Swinburne (ed.), Free Will and Modern Science. Oup/British Academy.
  23. R. A. Duff (2010). Blame, Moral Standing and the Legitimacy of the Criminal Trial. Ratio 23 (2):123-140.
    I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the (...)
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  24. R. A. Duff (2010). Towards a Theory of Criminal Law? Aristotelian Society Supplementary Volume 84 (1):1-28.
    After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...)
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  25. R. A. Duff (2009). Philosophy and 'the Life of the Law'. Journal of Applied Philosophy 26 (3):245-258.
    abstract Focusing on the criminal law, I discuss three ways in which analytical philosophers might contribute to the development or health of the law (and of legal theory). The first is as humble under-labourers, who seek only to clarify legal rules and doctrines, but not to criticise them. This modest conception of the role of philosophy, however, proves to be untenable: clarification must become rational reconstruction — an attempt to make rational sense of the law; and rational reconstruction must involve (...)
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  26. R. A. Duff (2009). Strict Responsibility, Moral and Criminal. Journal of Value Inquiry 43 (3):295-313.
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  27. R. A. Duff (2008). Responsibility and Liability in Criminal Law. In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
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  28. R. A. Duff & S. E. Marshall (2007). Criminal Responsibility and Public Reason. In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
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  29. R. A. Duff (2006). Answering for Crime. Proceedings of the Aristotelian Society 106 (1):85–111.
    We can gain fresh insights into aspects of criminal liability by focusing first on the prior topic of criminal responsibility, and on the relational dimensions of responsibility: responsibility is responsibility for something, to someone. We are criminally responsible as citizens, to our fellow citizens, for committing 'public' wrongs: I discuss the difficulty of giving determinate content to this idea of public wrongs, and the way in which, whereas moral responsibility is typically strict, criminal responsibility is not. Finally, I explore the (...)
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  30. R. A. Duff (2006). Iv-Answering for Crime. Proceedings of the Aristotelian Society 106 (1):87-113.
    We can gain fresh insights into aspects of criminal liability by focusing first on the prior topic of criminal responsibility, and on the relational dimensions of responsibility: responsibility is responsibility for something, to someone. We are criminally responsible as citizens, to our fellow citizens, for committing 'public' wrongs: I discuss the difficulty of giving determinate content to this idea of public wrongs, and the way in which, whereas moral responsibility is typically strict, criminal responsibility is not. Finally, I explore the (...)
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  31. R. A. Duff (2006). The Virtues and Vices of Virtue Jurisprudence. In T. D. J. Chappell (ed.), Values and Virtues: Aristotelianism in Contemporary Ethics. Oxford University Press.
  32. R. A. Duff (2006). Excuses, Moral and Legal: A Comment on Marcia Baron's 'Excuses, Excuses'. Criminal Law and Philosophy 1 (1):49-55.
    Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...)
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  33. R. A. Duff (2005). Introduction: Crime and Citizenship. Journal of Applied Philosophy 22 (3):211–216.
  34. R. A. Duff (2005). Punishment. In Hugh LaFollette (ed.), The Oxford Handbook of Practical Ethics. Oup Oxford.
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  35. R. A. Duff (2005). Strict Liability, Legal Presumptions, and the Presumption of Innocence. In Andrew Simester (ed.), Appraising Strict Liability. Oup Oxford.
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  36. R. A. Duff (2005). Theorizing Criminal Law: A 25th Anniversary Essay. Oxford Journal of Legal Studies 25 (3):353-367.
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  37. R. Anthony Duff (2005). Punishment, Dignity and Degradation. Oxford Journal of Legal Studies 25 (1):141-155.
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  38. R. A. Duff & S. E. Marshall (2004). Communicative Punishment and the Role of the Victim. Criminal Justice Ethics 23 (2):39-50.
  39. R. A. Duff (2003). Punishment, Communication, and Community. Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...)
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  40. R. A. Duff (2003). Robert P. Burns, A Theory of the Trial:A Theory of the Trial. Ethics 114 (1):161-164.
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  41. R. A. Duff (2003). The Limits of Virtue Jurisprudence. Metaphilosophy 34 (1-2):214-224.
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  42. R. A. Duff (2002). Crime, Prohibition, and Punishment. Journal of Applied Philosophy 19 (2):97–108.
  43. R. A. Duff (2002). Equality, Responsibility, and the Law. Mind 111 (441):164-170.
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  44. R. A. Duff (2002). Rule-Violations and Wrongdoings. In Stephen Shute & A. P. Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press. 47--74.
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  45. R. A. Duff (2002). Review: Equality, Responsibility, and the Law. [REVIEW] Mind 111 (441):164-170.
  46. R. A. Duff (2001). A Most Detestable Crime: New Philosophical Essays on Rape. Keith Burgess-Jackson. Mind 110 (439):729-732.
  47. R. A. Duff (1999). Jean Hampton, The Authority of Reason Reviewed By. Philosophy in Review 19 (3):185-188.
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  48. R. A. Duff (1998). Law, Language and Community: Some Preconditions of Criminal Liability. Oxford Journal of Legal Studies 18 (2):189-206.
    We can usefully distinguish the conditions of criminal liability (those conditions which must be satisfied if a defendant is to be duly convicted, with which a criminal trial is concerned) from its preconditions (those conditions which must be satisfied if the trial, as a process which aims to determine whether or not this person is criminally liable, is to be legitimate at all). Some of these preconditions concern the defendant's status as a rsponsible citizen, who can properly be called to (...)
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  49. R. A. Duff (1996). Penal Communications: Recent Work in the Philosophy of Punishment'. Tonry 1996: 1-97. 1998a.'Principle and Contradiction in the Criminal Law: Motives and Criminal Liability'. Duff 1998c: 156-204. 1998b.'Law, Language and Community: Some Preconditions of Criminal Liability'. [REVIEW] Oxford Journal of Legal Studies 18:189-206.
     
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  50. R. A. Duff (1995). Attempted Homicide. Legal Theory 1 (2):149.
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