唐君毅訪問教授公開講座:Partial Responsibility and Excuse

網頁: http://www.phil.arts.cuhk.edu.hk/web/zh-hant/tcivp/david-o-brink/


Anglo-American criminal law is broadly retributive in character, predicating blame and punishment on the defendant having engaged in wrongdoing for which he is responsible or culpable. However, responsibility is scalar, because it can be a matter of degree, which poses an important question how criminal trials should handle cases of partial responsibility, especially in light of William Blackstone’s belief that it is worse to over-punish than to under-punish. With some qualifications, American criminal law is bivalent about responsibility and excuse, treating defendants as either fully responsible or fully excused and setting a comparatively low threshold for responsibility/excuse. This sort of bivalent approach to criminal law leads to significant failures of individual justice, especially to sins of over-punishment. In response, the lecture explores various ways the criminal law might take partial responsibility more seriously both within ideal and non-ideal theory, drawing lessons from criminal law in the United Kingdom, Ireland, and Germany.