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BLAME, MORAL STANDING AND THE LEGITIMACY OF THE CRIMINAL TRIAL
Author(s) -
Duff R. A.
Publication year - 2010
Publication title -
ratio
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.475
H-Index - 29
eISSN - 1467-9329
pISSN - 0034-0006
DOI - 10.1111/j.1467-9329.2010.00456.x
Subject(s) - wrongdoing , blame , legitimacy , law , political science , criminal law , misconduct , state (computer science) , polity , psychology , social psychology , politics , algorithm , computer science
I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic.