Historical differentiation, moral judgment and the modern criminal law
- Alan Norrie
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Nicola Lacey proposes an analysis of criminal law which links principles of responsibility to their historical development. Starting from George Fletcher’s account of three historical patterns of liability (Fletcher, 1978), Lacey develops a more complex differentiation, and at the same time foregrounds the historical conditions for the emergence of different conceptions of responsibility.
‘Space, Time and Function: intersecting principles of responsibility across the terrain of criminal justice’, this issue DOI 10.1007/s11572-006-9025-7.
In thinking about these, Lacey’s focus is on the relationship between capacity and character-based conceptions. Capacity-based conceptions rely upon either the identification of free choices on the basis of psychological states of mind—reason, intention, foresight, will formation—or the existence of ideas of fair opportunity to conform one’s behaviour to law. As for character responsibility, Lacey identifies ‘broad’ and ‘cautious’ forms, and she suggests ...
- Arlidge, A. (2001). The trial of Dr David Moor. Criminal Law Review, 31.
- Fletcher, G. (1978). Rethinking criminal law. Boston: Little Brown & Co.
- Lacey, N. (2007). Space, time and function: intersecting principles of responsibility across the terrain of criminal justice. Criminal Law and Philosophy, this issue, DOI 10.1007/s11572-006-9025-7.
- Norrie, A. (2000). Punishment, responsibility and justice. Oxford: Oxford University Press.
- Norrie, A. (2001a). Crime, reason and history. Cambridge: Cambridge University Press.
- Norrie, A. (2001b). The structure of provocation. Current Legal Problems, 54, 307.
- Ramsay, P. (2006). The responsible subject as citizen: Criminal law, democracy and the welfare state. Modern Law Review, 69, 29. CrossRef
- Tadros, V. (2005). Criminal responsibility. Oxford: Oxford University Press.
- Historical differentiation, moral judgment and the modern criminal law
Criminal Law and Philosophy
Volume 1, Issue 3 , pp 251-257
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- Kluwer Academic Publishers
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- Alan Norrie (1)
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- 1. School of Law, King’s College London, London, UK