...it is fascinating and thought provoking...this book is well worth reading for anybody interested in culpability, both for children and in general.

Jake Wojtowicz, Journal of Moral Philosophy

Yaffe's book makes a significant contribution, and is well worth the time spent reading it for those interested in the topic.

Gabriel De Marco, Metapsychology

The Age of Culpability is going to be talked about by scholars in law and philosophy for many years to come. It is daring and interesting in an age when so much of contemporary philosophy is staid. I confess that I have already assigned the book to a class of undergraduates, and they were riveted. It was a testament to the theoretical ingenuity and clarity with which Yaffe writes.

Raff Donelson, Metapsychology

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The work contributes original analysis of why we should treat children in conflict with the law differently and more leniently to adults.

Nessa Lynch, International Journal of Children's Rights

This book contains a mountain of novel and important insights about several of the most central questions in the philosophy of criminal law. ... I hope and predict that it will stimulate a wave of efforts to explain whether and why our criminal justice system should treat kids more leniently than adults. But even if no flood of future efforts is forthcoming, Yaffe's book stands as a valuable contribution to several of the most central and important topics in the philosophy of criminal law.

Douglas Husak, Notre Dame Philosophical Reviews

Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.
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Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.
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Introduction 1: Immaturity and Reduce Culpability 2: Kids will be kids . . . until they grow out of it 3: Criminal Culpability 4: Desert for Wrongdoing 5: The Weight of a Legal Reason 6: Giving Kids a Break 7: Who Else is Owed a Break? 8: What Breaks are Owed?
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An original theory of criminal responsibility from a leading figure at the intersection of philosophy and law Suggests a new approach to child criminality Gives political rather than psychological grounding for leniency Draws out implications for criminal justice policy
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Gideon Yaffe is Professor of Law and Professor of Philosophy and Psychology at Yale. He is the author of Attempts: In the Philosophy of Action and the Criminal Law (OUP 2010), as well as books about John Locke and Thomas Reid. He also collaborates with neuroscientists on experiments intended to be of relevance to criminal responsibility assessments.
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An original theory of criminal responsibility from a leading figure at the intersection of philosophy and law Suggests a new approach to child criminality Gives political rather than psychological grounding for leniency Draws out implications for criminal justice policy
Les mer

Produktdetaljer

ISBN
9780198860020
Publisert
2020
Utgiver
Oxford University Press
Vekt
392 gr
Høyde
229 mm
Bredde
156 mm
Dybde
14 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
256

Forfatter

Biografisk notat

Gideon Yaffe is Professor of Law and Professor of Philosophy and Psychology at Yale. He is the author of Attempts: In the Philosophy of Action and the Criminal Law (OUP 2010), as well as books about John Locke and Thomas Reid. He also collaborates with neuroscientists on experiments intended to be of relevance to criminal responsibility assessments.