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Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy
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Excusing Crime (Paperback, New Ed)
Loot Price: R1,884
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Excusing Crime (Paperback, New Ed)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 19 working days
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When should someone who may have intentionally or knowingly
committed criminal wrongdoing be excused? Excusing Crime examines
what excusing conditions are, and why familiar excuses, such as
duress, are thought to fulfil those conditions. The 'classical'
view of excuses sees them as rational defects (such as mistake) in
the motive force behind an action, but contrasts them with 'denials
of responsibility', such as insanity, where the rational defect in
that motive force is attributable to a mental defect in the agent
him- or herself. This classical view of excuses has a long
heritage, and is enshrined in different forms in many of the
world's criminal codes, both liberal and non-liberal; however, in
this book, Jeremy Horder contends that it is now time to move
beyond it. Horder develops a 'liberal' account of excuses, arguing
that the 'classical' distinction between rational defects and
'denials of responsibility' is too sharp, and also that the
classical view of excuses is too narrow. He contends that it can be
right to treat claims as excusatory even if they rely on a
combination of elements of rational defect in the motive force
behind the action, even if that defect is in part attributable to a
mental deficiency in the agent him or herself ('diminished
capacity'). Further, he argues that there can be a sound case for
excuse even when people can give full rational assent to their
actions, such as when they could not reasonably have been expected
to do more than what they did to avoid committing wrongdoing ('due
diligence'), or, more rarely, when their conscience understandably
left them with no moral freedom to do other than commit the wrong
('demands-of-conscience').
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