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http://hdl.handle.net/1893/31858| Appears in Collections: | Law and Philosophy Book Chapters and Sections |
| Title: | Discretion and Accountability in a Democratic Criminal Law |
| Author(s): | Duff, R A |
| Contact Email: | r.a.duff@stir.ac.uk |
| Editor(s): | Langer, Máximo Sklansky, David Alan |
| Citation: | Duff RA (2017) Discretion and Accountability in a Democratic Criminal Law. In: Langer M & Sklansky DA (eds.) Prosecutors and Democracy: A Cross-National Study. ASCL Studies in Comparative Law. Cambridge: Cambridge University Press, pp. 9-39. https://www.cambridge.org/gb/academic/subjects/law/comparative-law/prosecutors-and-democracy-cross-national-study?format=HB&isbn=9781107187559 |
| Issue Date: | 2017 |
| Date Deposited: | 21-Oct-2020 |
| Series/Report no.: | ASCL Studies in Comparative Law |
| Abstract: | First paragraph: What kind of practice of prosecution is appropriate to a democratic polity’s criminal law? What should the role of prosecutor be in such a system of criminal law? Such questions beg important prior questions: they assume that democratic polities would not only maintain distinctive systems of criminal law, but would so structure the criminal law as to have a recognisable role of ‘prosecutor’. To justify such assumptions, we would need an account of democracy, of the kind of criminal law that would be appropriate to a democratic polity, and of the institutional structure of such a criminal law, but the most I will be able to do here is gesture towards the shape such an account should take. |
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| URL: | https://www.cambridge.org/gb/academic/subjects/law/comparative-law/prosecutors-and-democracy-cross-national-study?format=HB&isbn=9781107187559 |
| Licence URL(s): | http://www.rioxx.net/licenses/under-embargo-all-rights-reserved |
| File | Description | Size | Format | |
|---|---|---|---|---|
| Discretion and Accountability-2017.pdf | Fulltext - Published Version | 215.37 kB | Adobe PDF | Under Permanent Embargo Request a copy |
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