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R. A. Duff [117]R. Antony Duff [4]R. Anthony Duff [2]
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R. A. Duff
University of Stirling
  1. Punishment, Communication, and Community.R. A. Duff - 2001 - 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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  2. Blame, Moral Standing and the Legitimacy of the Criminal Trial.R. A. Duff - 2010 - 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. 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 state or its officials. The examination of this (...)
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  3. Towards a Modest Legal Moralism.R. A. Duff - 2014 - Criminal Law and Philosophy 8 (1):217-235.
    After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct 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 moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...)
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  4.  35
    Trials and Punishments.John Cottingham & R. A. Duff - 1987 - Philosophical Quarterly 37 (149):448.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...)
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  5.  57
    Moral Relativity.R. A. Duff - 1986 - Philosophical Quarterly 36 (142):99-101.
  6. Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.
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  7.  95
    Iv-Answering for Crime.R. A. Duff - 2006 - 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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  8. Responsibility, Citizenship, and Criminal Law.R. A. Duff - 2011 - In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law. Oxford University Press. pp. 125--148.
  9.  28
    [Book Review] Equality, Responsibility, and the Law. [REVIEW]R. A. Duff - 1999 - Ethics 111 (3):644-648.
    This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...)
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  10. Public and Private Wrongs.R. A. Duff & Sandra Marshall - 2010 - In James Chalmers, Fiona Leverick & Lindsay Farmer (eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon. Edinburgh: Edinburhg University Press. pp. 70-85.
    Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...)
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  11.  96
    Choice, Character, and Criminal Liability.R. A. Duff - 1993 - Law and Philosophy 12 (4):345 - 383.
  12.  31
    Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law.Anthony Kenny & R. A. Duff - 1991 - Philosophical Quarterly 41 (164):378.
  13. Criminal Attempts.R. Antony Duff - 2000 - Mind 109 (435):583-587.
     
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  14. Strict Liability, Legal Presumptions, and the Presumption of Innocence.R. A. Duff - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press. pp. 125-49.
  15.  18
    Virtues and Vices.R. A. Duff - 1980 - Philosophical Quarterly 30 (118):86-88.
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  16. Towards a Theory of Criminal Law?R. A. Duff - 2010 - 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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  17.  47
    Authority and Responsibility in International Criminal Law.R. A. Duff - 2010 - In Samantha Besson & John Tasioulas (eds.), Philosophy of International Law. Oxford: Oxford University Press. pp. 589-604.
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  18.  53
    Excuses, Moral and Legal: A Comment on Marcia Baron’s ‘Excuses, Excuses’.R. A. Duff - 2007 - 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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  19.  12
    Two Models of Criminal Fault.R. A. Duff - 2019 - Criminal Law and Philosophy 13 (4):643-665.
    I discuss two problems for the standard Anglo-American account of recklessness, and the distinctions between intention, recklessness, and negligence. One problem concerns the over-breadth of recklessness as thus defined—that it covers agents whose actions display different kinds of culpability. The other problem concerns the importance attached to awareness of risk in distinguishing recklessness from negligence—that one who is unaware of the risk that he takes or creates sometimes displays just the same kind of fault as an advertent risk-taker. We can (...)
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  20. Trials and Punishments.R. A. Duff - 1986 - Cambridge University Press.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...)
     
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  21.  4
    Moral Dilemmas.R. A. Duff - 1989 - Philosophical Quarterly 39 (155):240-242.
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  22.  79
    Crime, Prohibition, and Punishment.R. A. Duff - 2002 - Journal of Applied Philosophy 19 (2):97–108.
  23.  18
    Relational Reasons and the Criminal Law.R. A. Duff - 2013 - In B. Leiter & L. Green (eds.), Oxford Studies in Legal Philosophy, vol. 2. Oxford UP. pp. 175-208.
    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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  24.  37
    The Limits of Virtue Jurisprudence.R. A. Duff - 2003 - Metaphilosophy 34 (1-2):214-224.
  25.  39
    Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?R. A. Duff - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):189-220.
    The article offers an Aristotelian analysis of emotion-based defences in criminal law: someone who commits an offence is entitled to an excuse if she was motivated by a justifiably aroused and strongly felt emotion that gave her good reason to commit the offence and that might have destabilised the practical rationality even of a ‘reasonable’ person. This analysis captures the logical structure of duress and provocation as excuses—and also shows why provocation is controversial as even a partial defence. This pattern (...)
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  26.  66
    Strict Responsibility, Moral and Criminal.R. A. Duff - 2009 - Journal of Value Inquiry 43 (3):295-313.
  27.  23
    Law, Language and Community: Some Preconditions of Criminal Liability.R. A. Duff - 1998 - 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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  28.  59
    Auctions, Lotteries, and the Punishment of Attempts.R. A. Duff - 1990 - Law and Philosophy 9 (1):1 - 37.
  29.  35
    The Intrusion of Mercy.R. A. Duff - 2007 - Ohio State Journal of Criminal Law 4:361-87.
    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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  30.  33
    Responsibility and Liability in Criminal Law.R. A. Duff - 2008 - In Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
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  31.  15
    The Ethics of Homicide.R. A. Duff & P. E. Devine - 1980 - Philosophical Quarterly 30 (120):273.
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  32. Intentionally Killing the Innocent.R. A. Duff - 1973 - Analysis 34 (1):16 - 19.
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  33.  47
    Rule Violations and Wrongdoings.R. A. Duff - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press. pp. 47--74.
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  34.  13
    Introduction: Crime and Citizenship.R. A. Duff - 2005 - Journal of Applied Philosophy 22 (3):211-216.
  35.  54
    Punishment and the Duties of Offenders.R. A. Duff - 2013 - Law and Philosophy 32 (1):109-127.
    A critical discussion of Victor Tadros, The Ends of Harm.
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  36.  16
    Intentions Legal and Philosophical.R. A. Duff - 1989 - Oxford Journal of Legal Studies 9 (1):76-94.
  37.  29
    Virtue, Vice and the Criminal Law - A Response to Huigens and Yankah.R. A. Duff - 2013 - In H. H. Lai & A. Amaya (eds.), Law, Virtue and Justice. Oxford: Hart Publishing. pp. 195-214.
    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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  38.  12
    Reckleness in Attempts.R. A. Duff - 1995 - Oxford Journal of Legal Studies 15 (2):309-325.
  39. Philosophical Foundations of Criminal Law.R. A. Duff & Stuart Green (eds.) - 2011 - Oxford University Press UK.
    25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have (...)
     
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  40.  25
    Punishment, Dignity and Degradation.R. Anthony Duff - 2005 - Oxford Journal of Legal Studies 25 (1):141-155.
  41.  44
    Communicative Punishment and the Role of the Victim.R. A. Duff & S. E. Marshall - 2004 - Criminal Justice Ethics 23 (2):39-50.
  42.  53
    Review Essay / Justice, Mercy, and Forgiveness.R. A. Duff - 1990 - Criminal Justice Ethics 9 (2):51-63.
    Jeffrie G Murphy & Jean Hampton, Forgiveness and Mercy Cambridge and New York: Cambridge University Press, 1988, 194 pp. Kathleen Dean Moore, Pardons: Justice, Mercy, and the Public Interest New York and Oxford: Oxford University Press, 1989, 271 pp.
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  43.  31
    Punishment and Crime.Ross Harrison & R. A. Duff - 1988 - Proceedings of the Aristotelian Society, Supplementary Volumes( 62:139-167.
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  44.  16
    A Reply to Bickenbach.R. Antony Duff - 1988 - Canadian Journal of Philosophy 18 (4):787 - 793.
    Jerome Bickenbach has provided a fair and sympathetic account of my argument in Trials and Punishments, and has clarified some of the book’s obscurities - for which I am very grateful: I will focus my response on his main objection to my account of punishment, since I am not persuaded that the objection holds.Bickenbach argues that my ideal account of what punishment ought to be if it is to be adequately justified would actually show, if it succeeds, that criminal punishment (...)
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  45.  11
    Punishment and Crime.Ross Harrison & R. A. Duff - 1988 - Aristotelian Society Supplementary Volume 62 (1):139 - 167.
  46. Good and Evil. An Absolute Conception.R. A. Duff - 1993 - Philosophical Books 34 (1):43-45.
  47.  27
    Theorizing Criminal Law: A 25th Anniversary Essay.R. A. Duff - 2005 - Oxford Journal of Legal Studies 25 (3):353-367.
  48.  24
    Criminal Responsibility and Public Reason.R. A. Duff & S. E. Marshall - 2007 - In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
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  49. Philosophy and the Criminal Law: Principle and Critique.R. A. Duff - 1998 - Cambridge University Press.
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political (...)
     
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  50.  4
    Iv*-Answering for Crime.R. A. Duff - 2006 - Proceedings of the Aristotelian Society 106 (1):85-111.
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