| Tittel: | Asking (Different) Responsibility Questions: Responsibility and Non-Resposibility in Criminal Law |
| Ansvar: | Arlie Loughnan |
| Forfatter: | Loughnan, Arlie  |
| Materialtype: | Artikkel - elektronisk |
| Signatur: | Bergen Journal of Criminal Law and Criminal Justice |
| Utgitt: | Bergen : Universitetet i Bergen, 2016 |
| Omfang: | S. 25-47 |
| ISBN/ISSN: | 1894-4183 |
| Serie: | Bergen Journal of Criminal Law and Criminal Justice ; 1/2016 |
| Emneord: | Kriminologi |
| Note: | Open access.
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| Innhold: | Legal scholarly analysis of criminal responsibility is typically assumed to encompass non-responsibility. This reflects the influence of the legal-philosophical tradition on the study of criminal responsibility, in which responsibility and non-responsibility are alternative outcomes of the same moral-evaluative enquiry of calling individuals to account for their criminal conduct. This article questions that operative assumption. A close examination of four dimensions of responsibility and non-responsibility – the bases for ascription of criminal responsibility and non-responsibility, attendant rules of evidence and procedure, the temporal logics of responsibility and non-responsibility, and what I call the effects of ascribing responsibility and non-responsibility – reveals meaningful differences between responsibility and non-responsibility practices in criminal law. This article sketches out these differences and makes a case for taking them seriously, on the basis that doing so may serve as a corrective to existing scholarly accounts of criminal responsibility. |
| Del av verk: | Bergen Journal of Criminal Law and Criminal Justice 1/2016 (Vol. 4) |