Journal of Moral Philosophy 3 (3):320-330 (2006)

Authors
Matt Matravers
University of York
Abstract
Antony Duff has argued that an important precondition of criminal liability is that the state has the moral standing to call the offender to account. Conditions of severe social injustice, if allowed or perpetuated by the state, can undermine this standing. Duff’s argument appeals to the ordinary idea that a person’s own behaviour can sometimes negate his standing to call others to account. It is argued that this is an important issue, but that the analogy with individual standing is problematic. Moreover, Duff’s account of standing needs to address two interconnected issues: first, when and in what way the state can lose its standing to call offenders to account, and second, over what range of offences. Key Words: criminal liability • Duff • punishment • social injustice.
Keywords criminal liability   social injustice   punishment   Duff
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DOI 10.1177/1740468106072651
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Marxism and Retribution.Jeffrie G. Murphy - 1973 - Philosophy and Public Affairs 2 (3):217-243.

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Citations of this work BETA

A Moral Predicament in the Criminal Law.Gary Watson - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):168-188.
Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - 2019 - Criminal Law and Philosophy 13 (2):309-327.
Duff on the Legitimacy of Punishment of Socially Deprived Offenders.Peter Chau - 2012 - Criminal Law and Philosophy 6 (2):247-254.

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