Philosophical Analysis and the Criminal Law

The British Academy, 10 Carlton House Terrace, London SW1

Friday 21 - Saturday 22 October 2005

A Symposium convened by Dr C. Valier, University of London and
Professor R.A. Duff, FRSE, FBA, University of Stirling

Conference Fee £30 (£20 concessions)

ABOUT THIS EVENT  | PROGRAMME 

This symposium brings together scholars who apply different kinds of philosophical analysis to the critical examination of the criminal law. It includes contributions both from those who work within the Anglo-American analytical tradition, and from those who draw on the contemporary continental tradition: indeed, one of its aims is to promote productive dialogue between different philosophical approaches whose proponents too often talk at or past each other rather than with each other. Whilst their philosophical methods clearly differ, scholars from both traditions who work on the philosophy of criminal law share an interest in the central substantive questions that criminal law raises—questions about the foundations and limits of the criminal law, about the conditions of criminal responsibility, and about the meaning and justification of criminal punishment. The symposium’s overarching aim is to highlight the important and interesting work currently being done in philosophy of criminal law, and to advance that work by facilitating a continuing dialogue about these fundamental issues amongst philosophically oriented scholars working within different disciplines and approaches.

The philosophy of criminal law has been undergoing something of a renaissance, with increasing numbers of lawyers and philosophers researching, writing and teaching in the area: lawyers exploring theoretical issues to do with criminal liability and punishment find that they must turn to philosophy; philosophers recognise the importance of the criminal law as a focus for both analytical and normative inquiry. In addition, scholars in criminal justice and criminology are increasingly recognising the value of philosophical studies- in particular normative critique and the analysis of ethical issues in criminal justice. The practical importance of the subject is also obvious, especially at a time when western governments are having to reconsider their rationales for criminalization and sentencing in the light of substantial changes in criminal justice systems and their social contexts. Papers in this Symposium will discuss or exemplify a philosophical approach to some central issue(s) in criminal law.

The main speakers will be:

• Professor Marcia Baron, Indiana University, USA, 'Excuses, excuses'
• Professor Rene Foque, University of Rotterdam, Netherlands and University of Leuven, Belgium, 'Towards a relational theory of criminal law'
• Professor John Gardner, University of Oxford, 'Complicity and causality'
• Professor Nicola Lacey, FBA, LSE, University of London, 'Capacity and character as dimensions of responsibility'
• Professor George Pavlich, University of Alberta, Canada, 'The lore of criminal accusation'
• Dr Claire Valier, University of London, 'Life worse than death'