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Punishment, Responsibility, and JusticeA Relational Critique$
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Alan Norrie

Print publication date: 2000

Print ISBN-13: 9780198259565

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198259565.001.0001

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‘Contextualizing’ Blame

‘Contextualizing’ Blame

Chapter:
(p.117) 6 ‘Contextualizing’ Blame
Source:
Punishment, Responsibility, and Justice
Author(s):

ALAN NORRIE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198259565.003.0006

This chapter examines an alternative revisionist approach to criminal justice thinking by focusing on the work of Antony Duff. The Kantian problematic encourages both defensive rationalisation of a morality of form and critical revision, which, seeking to move beyond the ‘mother position’, still remains tied to it. This is what characterises the three main moves in Duff's work, in his theory of punishment, his account of responsibility, and his analysis of legal culpability. The chapter begins with a discussion on the nature of revisionism in criminal justice thinking, then moves to a critique of Duff's views on blameworthiness, responsibility, and culpability. Duff's revisionist attempts to graft ‘contextual’ additions onto the Kantian framework, to make good its separations, are analysed. Duff develops a communitarian view of the blameworthy subject, a character view of the responsible subject, and a morally substantive view of the culpable subject. All three moves are invoked by the Kantian problematic of false separation.

Keywords:   Antony Duff, criminal justice, morality of form, blameworthiness, responsibility, culpability, revisionism, punishment, false separation

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