1st Edition

The Routledge International Handbook of Criminal Responsibility

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

474 Pages
by Routledge

474 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... Read more

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).