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The Constitution of the Criminal Law$
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R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros

Print publication date: 2013

Print ISBN-13: 9780199673872

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199673872.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 August 2020

Puzzling About State Excuses as an Instance of Group Excuses

Puzzling About State Excuses as an Instance of Group Excuses

(p.119) 7 Puzzling About State Excuses as an Instance of Group Excuses
The Constitution of the Criminal Law

François Tanguay-Renaud

Oxford University Press

This chapter is concerned with the state as a target of criminalization in a very direct sense: to what extent can the state be a criminal offender? If states can be criminalized for what they do, what doctrines of criminal responsibility apply to them? What renders the state responsible for what it has done, and how might responsibility be undermined? What might justify the state in committing a wrong? And what might excuse it? The idea that the state can be excused for wrongdoing seems, at first blush, difficult to swallow, but the chapter shows that it is, in fact, far more plausible than it first appears.

Keywords:   state, criminalization, criminal offenders, criminal responsibility

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