BLAME, MORAL STANDING AND THE LEGITIMACY OF THE CRIMINAL TRIAL

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Abstract:

Abstract

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.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9329.2010.00456.x

Affiliations: Department of Philosophy,University of Stirling,Stirling FK9 4LA, Email: r.a.duff@stir.ac.uk

Publication date: June 1, 2010

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