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Crime, Punishment, and ResponsibilityThe Jurisprudence of Antony Duff$
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Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Print publication date: 2011

Print ISBN-13: 9780199592814

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199592814.001.0001

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The Triadic Relational Structure of Responsibility: A Defence

The Triadic Relational Structure of Responsibility: A Defence

Chapter:
(p.103) 7 The Triadic Relational Structure of Responsibility: A Defence
Source:
Crime, Punishment, and Responsibility
Author(s):

Alon Harel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592814.003.0007

The central characteristic of responsibility as developed by Duff is the ‘triadic relational concept’ consisting of a relation between an agent A who is responsible for something X to somebody S and in virtue of being a member of a unit of responsibility, e.g., a neighbourhood or a state. This chapter rejects several justifications for Duff's theory of responsibility and justifies the triadic relational structure of responsibility in terms of self governance. Under this justification, individuals conduct their lives in different spheres. Each sphere is governed by a community that engages in an enterprise consisting of a thick set of norms and practices. It is important that it is primarily members of the community who ultimately determine the content of these norms and practices. By conforming to the dictates of the triadic relational structure one guards the rights of members (of the unit of responsibility) to govern themselves.

Keywords:   responsibility, criminal responsibility, liability, triadic relational structure of responsibility, criminal law theory, punishment, liberal theory of punishment, self governance, civic responsibilities

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