In Search of the Responsible Subject: History, Philosophy and Social Sciences in Criminal Law Theory.
This paper examines the way in which English criminal law’s conception of responsibility has changed since the eighteenth century, and explores the relationship between changes in legal framework, changes in processes of criminalisation and punishment, and broader social, political and economic chan...
| Publicado en: | Modern Law Review Vol. 64; no. 3; pp. 350 - 372 |
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| Formato: | Artículo |
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Wiley-Blackwell
May2001
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=10453638&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 10453638 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: May2001 vid: 64 iid: 3 pid: 480 pub: Wiley-Blackwell artinfo: ui: 10453638 10.1111/1468-2230.00325 ppf: 350 ppct: 22 formats: fmt: @attributes: type: P size: 113KB tig: atl: In Search of the Responsible Subject: History, Philosophy and Social Sciences in Criminal Law Theory. aug: au: Lacey, Nicola affil: Professor of Criminal Law, London School of Economics su: Criminal law Criminal justice system sug: subj: Criminal law Criminal justice system keyword: Criminal Law history mens rea Responsibility subject ab: This paper examines the way in which English criminal law’s conception of responsibility has changed since the eighteenth century, and explores the relationship between changes in legal framework, changes in processes of criminalisation and punishment, and broader social, political and economic changes. It argues that the development of ideas of individual responsibility for crime are responses to problems of co-ordination and legitimation faced by systems of criminal law, and that these problems can be expected to change according to the environment in which the system operates, with important factors including the distribution of political interests and economic power; the prevailing cultural and intellectual environment; the organisation and status of relevant professional groups and the vigour of alternative means of social ordering. Substantively, the paper explores the hypothesis that criminal responsibility has shifted from a conception founded in ideas of character to a capacity-based conception over the relevant period. Methodologically, the aim is to historicise the structure as well as the content of criminal law within a socio-theoretic framework, constructing a dialogue between criminal law theory of a doctrinal and philosophical temper and socio-historical studies of criminal justice. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2001 holdings: @attributes: islocal: N |
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