1st Edition

The Routledge International Handbook of Criminal Responsibility

Edited By Thomas Crofts, Louise Kennefick, Arlie Loughnan Copyright 2025
    496 Pages
    by Routledge

    Presenting cutting edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility.

    Inviting exchanges across a burgeoning critical scholarship on criminal responsibility, this handbook showcases the diverse range of methodologies applied to the field, including socio-political approaches, critical historical methods, criminological and sociological perspectives, and interdisciplinary studies bridging law and the mind sciences. Spanning global networks of established and emerging scholars of responsibility for crime, this book explores how we relate to one another as human beings under the spotlight of the criminal law. In doing so, it is hoped that the collection not only does justice to the vibrant landscape of criminal responsibility studies, but inspires new directions and future synergies in this compelling field.

    The Routledge International Handbook of Criminal Responsibility will appeal to scholars and students of criminal law, criminal justice, criminology, sociology, psychology, neuroscience, philosophy, and socio-legal studies, as well as practitioners and policymakers working in related fields.

    Foreword

    Nicola Lacey

     

    Introduction

    Thomas Crofts, Louise Kennefick, and Arlie Loughnan

     

    PART I: FOUNDATIONS OF CRIMINAL RESPONSIBILITY

     

    1.  Cultures of Responsibility and Blaming

    Henrique Carvalho

     

    2. Context Matters: An Argument for a Socio-Contextual Model of Criminal Responsibility

    Federica Coppola

     

    3. The Reciprocity of Criminal Responsibility

    Antony Duff

     

    4. Criminal Responsibility, Civilisation, and Empire

    Catherine L Evans

     

    5. Criminal Responsibility Attribution as a Step on the Road to Desistance? Exploring Theoretical Intersections

    Louise Kennefick

     

    6. Responsibility and “Blameworthiness” in Criminal Law

    Claes Lernestedtt & Matt Matravers

     

    7. Criminal Responsibility, Mental Disorder, and Behavioural Neuroscience

    Stephen J. Morse

     

    8. Criminal Responsibility in the Italian Colonies: The Eritrean Case (19th–20th Centuries)

    Emilia Musumeci

     

    9. On Dispositional-relational Responsibility: From Punishment to Reconciliation

    Alan Norrie and Amanda Wilson

     

    10. From Casuistry to the General Part: The Conception of Criminal Responsibility from the ius commune to the Penal Codes (12th–19th Centuries)

    Michele Pifferi

     

    PART II: DOCTRINES AND PRINCIPLES OF CRIMINAL RESPONSIBILITY

     

    11. Law, Emotions, and “Reactive Defences”

    Grant Barclay

     

    12. Recklessness and Negligence in the Criminal Law

    Marcia Baron

     

    13. The Denial/Defence and Offence/Defence Distinction: Rehabilitating Gardner to Answer the Incorporationist Challenge

    David Campbell

     

    14. The Criminal Law of Triage: A Rights-Based Approach to Justificatory Defences

    Ivó Coca-Vila

     

    15. Responsibility over Crime and Tort

    Matthew Dyson

     

    16. Criminal Responsibility for Market Misconduct

    Lindsay Farmer

     

    17.  Elements of Blameworthiness in the Law of Homicide: Harmfulness, Wrongness, and Culpability

    Stuart P. Green

     

    18. Criminal Insanity and Mental Disorder: Reconsidering the Relation

    Linda Gröning

     

    19. Comparing Criminal and Civil Responsibility: Contextualising Claims to Distinctiveness

    Chloë Kennedy

     

    20. Criminal Responsibility under Changing Knowledge Conditions (or The Future of the Criminal Law)

    Arlie Loughnan

     

    21. Forms of Duress as Defence and Mitigation

    Martin Wasik

     

    PART III: DOMAINS OF CRIMINAL RESPONSIBILITY

     

    22. Corporate Accountability for International Crimes: Towards an International Enforcement Mechanism

    Evelyne Owiye Asaala

     

    23. Disclosure of Childhood Criminal Records in England and Wales: Imposing Enduring Criminal Responsibility for Childhood Behaviours

    Raymond Arthur

     

    24. Stuck in Time: The Minimum Age of Criminal Responsibility in England and Wales

    Tim Bateman

     

    25. Corporate Criminal Ir/responsibility

    Penny Crofts

     

    26. What does the Age of Criminal Responsibility Mean?

    Thomas Crofts

     

    27. Neurotechnology and the Insanity Defence

    Allan McCay

     

    28. Criminal Capacity and the Age of Criminal Responsibility: Dissecting the Assumptions Underlying a Single Chronological Age

    Claire McDiarmid

     

    29. Organisational Culture, Industry Norms, and Corporate Wrongdoing: A New Integrated Theory of Crime Prevention

    Joe McGrath

     

    30. Ecocide, Ecojustice, and Criminal Responsibility in International Law

    Liana Georgieva Minkova

     

    31. Criminal Responsibility in Children

    Anthony Pillay

    Biography

    Thomas Crofts is a Professor in the School of Law and in the Department of Social and Behavioural Sciences at City University Hong Kong, and an Adjunct Professor at Northumbria University, Queensland University of Technology, and the University of Sydney. His research in comparative criminal law and criminal justice focuses on criminalisation and criminal responsibility, particularly in relation to young people, gender, and sexuality.

    Louise Kennefick is Senior Lecturer in Criminal Law at the University of Glasgow. She researches across the fields of criminal law theory and criminal justice. Her monograph, The Boundaries of Blame: Towards a Universal Partial Defence for the Criminal Law, is forthcoming.

    Arlie Loughnan is Professor of Criminal Law and Criminal Law Theory at the University of Sydney. Her interests range across criminal law, legal theory, and legal history. She is the author of Self, Others and the State: Relations of Criminal Responsibility (2020) and Manifest Madness: Mental Incapacity in Criminal Law (2012).