Presenting cutting edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility.
Presenting cutting-edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility.
Inviting exchanges across a burgeoning critical scholarship on criminal responsibility, this Handbook showcases the diverse range of methodologies applied to the field, including socio-political approaches, critical historical methods, criminological and sociological perspectives, and interdisciplinary studies bridging law and the mind sciences. Spanning global networks of established and emerging scholars of responsibility for crime, this book explores how we relate to one another as human beings under the spotlight of the criminal law. In doing so, it is hoped that the collection not only does justice to the vibrant landscape of criminal responsibility studies, but inspires new directions and future synergies in this compelling field.
The Routledge International Handbook of Criminal Responsibility will appeal to scholars and students of criminal law, criminal justice, criminology, sociology, psychology, neuroscience, philosophy, and socio-legal studies, as well as practitioners and policymakers working in related fields.
PART I: FOUNDATIONS OF CRIMINAL RESPONSIBILITY
1. Cultures of
Responsibility and Blaming
2. Context Matters: An Argument for a
Socio-Contextual Model of Criminal Responsibility
3. The Reciprocity of
Criminal Responsibility
4. Criminal Responsibility, Civilisation, and Empire
5. Criminal Responsibility Attribution as a Step on the Road to Desistance?
Exploring Theoretical Intersections
6. Responsibility and Blameworthiness
in Criminal Law
7. Criminal Responsibility, Mental Disorder, and Behavioural
Neuroscience
8. Criminal Responsibility in the Italian Colonies: The Eritrean
Case (NineteenthTwentieth Centuries)
9. On Dispositional-Relational
Responsibility: From Punishment to Reconciliation
10. From Casuistry to the
General Part: The Conception of Criminal Responsibility from the ius commune
to the Penal Codes (TwelfthNineteenth Centuries)
PART II: DOCTRINES AND PRINCIPLES OF CRIMINAL RESPONSIBILITY
11. Law,
Emotions, and Reactive Defences
12. Recklessness and Negligence in the
Criminal Law
13. The Denial/Defence and Offence/Defence Distinction:
Rehabilitating Gardner to Answer the Incorporationist Challenge
14. The
Criminal Law of Triage: A Rights-Based Approach to Justificatory Defences
15.
Responsibility over Crime and Tort
16. Criminal Responsibility for Market
Misconduct
17. Elements of Blameworthiness in the Law of Homicide:
Harmfulness, Wrongness, and Culpability
18. Criminal Insanity and Mental
Disorder: Reconsidering the Relation
19. Comparing Criminal and Civil
Responsibility: Contextualising Claims to Distinctiveness
20. Criminal
Responsibility under Changing Knowledge Conditions
21. Forms of Duress as
Defence and Mitigation
PART III: DOMAINS OF CRIMINAL RESPONSIBILITY
22. Corporate Accountability for
International Crimes: Towards an International Enforcement Mechanism
23.
Disclosure of Childhood Criminal Records in England and Wales: Imposing
Enduring Criminal Responsibility for Childhood Behaviours
24. Stuck in Time:
The Minimum Age of Criminal Responsibility in England and Wales
25. Corporate
Criminal Ir/responsibility
26. Rethinking the Age of Criminal Responsibility
27. Neurotechnology and the Insanity Defence
28. Criminal Capacity and the
Age of Criminal Responsibility: Dissecting the Assumptions Underlying a
Single Chronological Age
29. Organisational Culture, Industry Norms, and
Corporate Wrongdoing: A New Integrated Theory of Crime Prevention
30.
Ecocide, Ecojustice, and Criminal Responsibility in International Law
31.
Criminal Responsibility in Children
Thomas Crofts is a Professor in the School of Law and in the Department of Social and Behavioural Sciences at City University Hong Kong, and an Adjunct Professor at Northumbria University, Queensland University of Technology, and the University of Sydney. His research in comparative criminal law and criminal justice focuses on criminalisation and criminal responsibility, particularly in relation to young people, gender, and sexuality.
Louise Kennefick is Senior Lecturer in Criminal Law at the University of Glasgow. She researches across the fields of criminal law theory and criminal justice. Her monograph, The Boundaries of Blame: Towards a Universal Partial Defence for the Criminal Law, is forthcoming.
Arlie Loughnan is Professor of Criminal Law and Criminal Law Theory at the University of Sydney. Her interests range across criminal law, legal theory, and legal history. She is the author of Self, Others and the State: Relations of Criminal Responsibility (2020) and Manifest Madness: Mental Incapacity in Criminal Law (2012).
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