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From the consulting room to the court room? Taking the clinical model of responsibility without blame into the legal realm

Abstract:

Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution ...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqs028

Authors


More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
All Souls College
Role:
Author
More by this author
Institution:
University of Oxford
Division:
HUMS
Department:
Philosophy Faculty
Oxford college:
All Souls College
Role:
Author
More from this funder
Name:
Wellcome Trust
Funding agency for:
Pickard, H
Publisher:
Oxford University Press
Journal:
Oxford Journal of Legal Studies More from this journal
Volume:
33
Issue:
1
Pages:
1–29
Publication date:
2013-11-01
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Language:
English
Keywords:
Subjects:
UUID:
uuid:a6bfedaa-5d20-4858-911c-dddd06a05157
Local pid:
ora:8059
Deposit date:
2014-02-24

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