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Responsibility and liability in criminal law

In Matthew H. Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou (eds.), The legacy of H.L.A. Hart: legal, political, and moral philosophy. New York: Oxford University Press (2008)

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  1. ‘O Call Me Not to Justify the Wrong’: Criminal Answerability and the Offence/Defence Distinction.Luís Duarte D’Almeida - 2012 - Criminal Law and Philosophy 6 (2):227-245.
    Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...)
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