Asking (Different) Responsibility Questions: Responsibility and Non-Resposibility in Criminal Law
PDF

How to Cite

Loughnan, A. (2016). Asking (Different) Responsibility Questions: Responsibility and Non-Resposibility in Criminal Law. Bergen Journal of Criminal Law & Criminal Justice, 4(1), 25-47. https://doi.org/10.15845/bjclcj.v4i1.1025

Abstract

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.
https://doi.org/10.15845/bjclcj.v4i1.1025
PDF

Copyright (c) 2016 Arlie Loughnan

Creative Commons License

This work is licensed under a Creative Commons Attribution 3.0 International License.

Authors who publish with this journal agree to the following terms:

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.

Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.

Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.

Bergen Open Access Publishing