1st Edition
The Routledge International Handbook of Criminal 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.
Foreword
Nicola Lacey
Introduction
Thomas Crofts, Louise Kennefick, and Arlie Loughnan
PART I: FOUNDATIONS OF CRIMINAL RESPONSIBILITY
1. Cultures of Responsibility and Blaming
Henrique Carvalho
2. Context Matters: An Argument for a Socio-Contextual Model of Criminal Responsibility
Federica Coppola
3. The Reciprocity of Criminal Responsibility
Antony Duff
4. Criminal Responsibility, Civilisation, and Empire
Catherine L Evans
5. Criminal Responsibility Attribution as a Step on the Road to Desistance? Exploring Theoretical Intersections
Louise Kennefick
6. Responsibility and “Blameworthiness” in Criminal Law
Claes Lernestedtt & Matt Matravers
7. Criminal Responsibility, Mental Disorder, and Behavioural Neuroscience
Stephen J. Morse
8. Criminal Responsibility in the Italian Colonies: The Eritrean Case (19th–20th Centuries)
Emilia Musumeci
9. On Dispositional-relational Responsibility: From Punishment to Reconciliation
Alan Norrie and Amanda Wilson
10. From Casuistry to the General Part: The Conception of Criminal Responsibility from the ius commune to the Penal Codes (12th–19th Centuries)
Michele Pifferi
PART II: DOCTRINES AND PRINCIPLES OF CRIMINAL RESPONSIBILITY
11. Law, Emotions, and “Reactive Defences”
Grant Barclay
12. Recklessness and Negligence in the Criminal Law
Marcia Baron
13. The Denial/Defence and Offence/Defence Distinction: Rehabilitating Gardner to Answer the Incorporationist Challenge
David Campbell
14. The Criminal Law of Triage: A Rights-Based Approach to Justificatory Defences
Ivó Coca-Vila
15. Responsibility over Crime and Tort
Matthew Dyson
16. Criminal Responsibility for Market Misconduct
Lindsay Farmer
17. Elements of Blameworthiness in the Law of Homicide: Harmfulness, Wrongness, and Culpability
Stuart P. Green
18. Criminal Insanity and Mental Disorder: Reconsidering the Relation
Linda Gröning
19. Comparing Criminal and Civil Responsibility: Contextualising Claims to Distinctiveness
Chloë Kennedy
20. Criminal Responsibility under Changing Knowledge Conditions (or The Future of the Criminal Law)
Arlie Loughnan
21. Forms of Duress as Defence and Mitigation
Martin Wasik
PART III: DOMAINS OF CRIMINAL RESPONSIBILITY
22. Corporate Accountability for International Crimes: Towards an International Enforcement Mechanism
Evelyne Owiye Asaala
23. Disclosure of Childhood Criminal Records in England and Wales: Imposing Enduring Criminal Responsibility for Childhood Behaviours
Raymond Arthur
24. Stuck in Time: The Minimum Age of Criminal Responsibility in England and Wales
Tim Bateman
25. Corporate Criminal Ir/responsibility
Penny Crofts
26. What does the Age of Criminal Responsibility Mean?
Thomas Crofts
27. Neurotechnology and the Insanity Defence
Allan McCay
28. Criminal Capacity and the Age of Criminal Responsibility: Dissecting the Assumptions Underlying a Single Chronological Age
Claire McDiarmid
29. Organisational Culture, Industry Norms, and Corporate Wrongdoing: A New Integrated Theory of Crime Prevention
Joe McGrath
30. Ecocide, Ecojustice, and Criminal Responsibility in International Law
Liana Georgieva Minkova
31. Criminal Responsibility in Children
Anthony Pillay
Biography
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).
