Criminal Responsibility

Victor Tadros (, Lecturer in Law, University of Edinburgh)

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English

Oxford University Press
01 July 2005

Ethics & moral philosophy; Social & political philosophy; Crime & criminology; Criminal law & procedure

Series: Oxford Monographs on Criminal Law and Justice

This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing a general account of criminal responsibility which is based on the relationship between the action that the defendant has performed and his or her character. He then moves on to reconsider some of the central doctrines of criminal responsibility in the light of that account.

Part 1 examines the nature of criminal responsibility by exploring what it means for an agent to be responsible for an action and the constraints that there are on holding an agent criminally responsible which arise from the particular social and institutional role that the criminal law has. Tadros develops a character theory of criminal responsibility. Character, he argues, is relevant both in determinig which action an agent is responsible for, as well as the kind of fault that he has in respect of those actions. However, he shows some limitations in the character theory of criminal responsibility as it has been defended to date,developing a version that is not susceptible to the central objections that habe been levelled at character theories. Finally Part 1 investigates the structure of criminal responsibility, considering the distinction between offence and defence, and investigating how best to categorise and structure defences.

In Part 2, Tadros moves on to consider some of the central doctrines of criminal responsibility in the light of the general theory developed in Part 1. He examines the proper nature and role of causation and investigates whether there is a general principle o criminal omissions.

The book then explores the nature and role that intentions and beliefs ought to nave in a theory of criminal responsibility. Tadros also provides an account of different kinds of defence: exemptions, justifications and excuses. The book includes a thorough account of the different ways in which mental disorders might ground defences, the different kinds of normative standards that the criminal law ought to set in offence and defence contexts, and whether particular deficiencies of the accused ought to be accommondated in setting those standards.

By: Victor Tadros ( Lecturer in Law University of Edinburgh)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 163mm, Spine: 28mm
Weight: 764g
ISBN: 9780199261598
ISBN 10: 0199261598
Series: Oxford Monographs on Criminal Law and Justice
Pages: 408
Publication Date: 01 July 2005
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Victor Tadros is Lecturer in Law at the University of Edinburgh.

Reviews for Criminal Responsibility

outlines a philosophically rich account of the conditions under which someone might legitimately be held liable for committing a (serious crime), before bringing that account to bear on a variety of doctrines from the general part of the criminal law..the chapters are philosophically sophisticated, engagingly well-written, and frequently persuasive. The Cambridge Law Journal Tadros offers a timely and refreshing account of the subject, and advances his own theory on the relationship between personal autonomy and criminal acts. The British Journal of Criminology ..it is a credit to Tadros that he has consistently managed to present his analysis of a complex subject in such a clear and well argued fashion. Each of his chapters is logically structured and ought to be accessible to anyone with a competent grasp of the key concepts of criminal law. His own characterbased theory on individual responsibility is undoubtedly original in its political and institutionalised context, and this work should prove to be a primary reference point in criminal law theory for many years to come. Jonathan Doak, British Journal of Criminology