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Publisher:
Cambridge University Press
Online publication date:
July 2025
Print publication year:
2025
Online ISBN:
9781009386142

Book description

How can our criminal law retain legitimacy in an era of growing awareness about the complexities of human vulnerability and the far-reaching harm of punitive attitudes? The Boundaries of Blame makes a fresh contribution to the evolving scholarship on the relationship between criminal responsibility and social justice. It challenges the constricted view of personhood underpinning doctrines of responsibility, encouraging new conversations about long-standing questions on the role of circumstances like deprivation and trauma in excusing wrongdoing. Testing entrenched boundaries can provoke resistance, but the book argues that pushing past these limits is essential to fostering a more just framework of state blame in our present time and place. To achieve this objective, Louise Kennefick proposes a bold yet pragmatic response in the form of a Universal Partial Defence, grounded in the Real Person Approach – a blueprint that offers a practical and humane pathway towards a fairer measure of criminal accountability.

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Contents

  • The Boundaries of Blame
    pp i-ii
  • The Boundaries of Blame - Title page
    pp iii-iii
  • Towards a Universal Partial Defence for the Criminal Law
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vi
  • Acknowledgements
    pp vii-viii
  • Introduction
    pp 1-6
  • Part I - Purpose
    pp 7-46
  • 1 - Activating the Criminal Law
    pp 9-46
  • Establishing the Duty to Advance Social Justice
  • Part II - Paradigm and Principle
    pp 47-142
  • 2 - The Real Person Approach
    pp 49-78
  • Recognising Vulnerability at Culpability Evaluation
  • 3 - Proportionality
    pp 79-106
  • Recalibrating the Desert Calculus
  • 4 - Parsimony
    pp 107-142
  • Offsetting Misrecognition at Culpability Evaluation
  • Part III - Partial Excuse (Practice, Doctrine, and Theory)
    pp 143-246
  • 5 - Universality
    pp 145-180
  • Understanding and Expanding the Bounds of Partial Excuse
  • 6 - Diminished Responsibility
    pp 181-215
  • Exploring the Template for the UPD
  • 7 - Bounded Causal Theory
    pp 216-246
  • Rethinking the Rationale of Partial Excuse
  • Part IV - Proposal
    pp 247-276
  • 8 - The Universal Partial Defence
    pp 249-276
  • Outlining a Blueprint for Reform
  • Conclusion
    pp 277-282
  • Bibliography
    pp 283-324
  • Index
    pp 325-334

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