The Age of Culpability

Children and the Nature of Criminal Responsibility

Nonfiction, Reference & Language, Law, Criminal law, Health & Well Being, Psychology
Cover of the book The Age of Culpability by Gideon Yaffe, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Gideon Yaffe ISBN: 9780192524942
Publisher: OUP Oxford Publication: March 15, 2018
Imprint: OUP Oxford Language: English
Author: Gideon Yaffe
ISBN: 9780192524942
Publisher: OUP Oxford
Publication: March 15, 2018
Imprint: OUP Oxford
Language: English

Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.

More books from OUP Oxford

Cover of the book Gleeson on the International Regulation of Banking by Gideon Yaffe
Cover of the book Scottish Philosophy in the Nineteenth and Twentieth Centuries by Gideon Yaffe
Cover of the book Oxford Handbook of Clinical Rehabilitation by Gideon Yaffe
Cover of the book The Oxford Handbook of the Oxford Movement by Gideon Yaffe
Cover of the book Bridging the Gender Gap by Gideon Yaffe
Cover of the book Fortuna by Gideon Yaffe
Cover of the book Thick Evaluation by Gideon Yaffe
Cover of the book Oxford Textbook of Osteoarthritis and Crystal Arthropathy by Gideon Yaffe
Cover of the book Attention, Not Self by Gideon Yaffe
Cover of the book Nationalism: A Very Short Introduction by Gideon Yaffe
Cover of the book The Waffen-SS by Gideon Yaffe
Cover of the book Myths of the Underworld in Contemporary Culture by Gideon Yaffe
Cover of the book The Oxford Handbook of the Australian Constitution by Gideon Yaffe
Cover of the book Poor Robin's Prophecies by Gideon Yaffe
Cover of the book Historical Institutionalism and International Relations by Gideon Yaffe
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy