Recognising Vulnerability at Culpability Evaluation
from Part II - Paradigm and Principle
Published online by Cambridge University Press: 26 July 2025
With the criminal law’s duty to advance social justice at the site of culpability evaluation established, Chapter 2 provides the substance of that duty and offers a conceptual tool to aid in its fulfilment, in the form of the Real Person Approach (RPA). The chapter introduces the target of the RPA as the dominant construct of personhood represented by excuse doctrine, and identifies its contribution to both moral and social injustice, through the subversion of core criminal law principles of proportionality and parsimony, respectively. The RPA responds by offering a guiding framework which helps to identify and explain these injustices, and aids with the challenge of holding people to account for wrongdoing in a way that advances social justice. Finally, the chapter explains the core features of the RPA in terms of acknowledging agency as vulnerable, responding with recognitive justice, and maintaining conceptual feasibility.
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