Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law

International Criminal Law Review 14 (4-5):836 – 854 (2014)
Download Edit this record How to cite View on PhilPapers
Abstract
Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that the moral community must play a greater role in the domestic case and that the collection of individual political communities must play a greater role in the international case.
PhilPapers/Archive ID
LONRAA-3
Revision history
Archival date: 2017-04-14
View upload history
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index
2015-01-09

Total views
93 ( #26,951 of 42,336 )

Recent downloads (6 months)
40 ( #16,804 of 42,336 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.