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Law and Philosophy$
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Michael Freeman and Ross Harrison

Print publication date: 2007

Print ISBN-13: 9780199237159

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199237159.001.0001

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Criminal Responsibility and Public Reason

Criminal Responsibility and Public Reason

(p.224) 12 Criminal Responsibility and Public Reason
Law and Philosophy

RA Duff (Contributor Webpage)

SE Marshall

Oxford University Press

This chapter begins with a conception of the criminal trial as the forum in which criminal responsibility is formally and publicly actualized, and with an explication of the idea of responsibility as answerability on which that conception depends. It then provides an account of criminal responsibility as a matter of being answerable to our fellow citizens for the public wrongs that we commit — a ‘public’ wrong being a wrong that properly concerns all citizens simply by virtue of their shared membership of the polity. The kind of public reason on which such answerability depends is discussed.

Keywords:   criminal trial, public wrong, public accountability, citizenship

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