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Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law

Responsibility, Authority, and the Community of Moral Agents in Domestic and International... Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that the moral community must play a greater role in the domestic case and that the collection of individual political communities must play a greater role in the international case. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law

International Criminal Law Review , Volume 14 (4-5): 836 – Jul 31, 2014

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Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/15718123-01405006
Publisher site
See Article on Publisher Site

Abstract

Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue that the moral community must play a greater role in the domestic case and that the collection of individual political communities must play a greater role in the international case.

Journal

International Criminal Law ReviewBrill

Published: Jul 31, 2014

Keywords: responsibility; authority; community

There are no references for this article.