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Ignorance of Law: A Philosophical Inquiry

Ignorance of Law: A Philosophical Inquiry

Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 9780190604684
Published In: September 2016
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically.

The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong.

This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.

ACKNOWLEDGMENTS

INTRODUCTION

CHAPTER ONE: METHODOLOGICAL ASSUMPTIONS: HOW TO APPROACH A PHILOSOPHICAL INQUIRY INTO THE TOPIC OF IGNORANCE OF LAW

A. The Basic Question

B. Critical Morality and the Criminal Law

C. Intuitions and their Limitations

CHAPTER TWO: EXISTING LAW, SCHOLARLY COMMENTARY, AND WHAT TO LEARN FROM IT

A. Selected Cases and Commentary

B. Notice

C. Fact and Law

D. The Structure of Exculpatory Claims: Ignorance as a Denial of Mens rea

CHAPTER THREE: RESPONSIBILITY