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Rationale-Based Defences in Criminal Law

Rationale-Based Defences in Criminal Law

Rationale-Based Defences in Criminal Law

Author: Mark Dsouza
Publisher: Hart Publishing
ISBN: 9781509932146

Published In: October 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509902958

List Price: HKD 545.87

HKD 529.49 Save HKD 16.38 (3%)

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Description
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Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters.

The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways way to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

Part I: Overview

1. The Proposed Borders of Justification and Excuse

Part II: Defences in the Structure of the Criminal Law

2. Reasons and Perspective in the Criminal Law

3. The Normative Guidance Underlying the Criminal Law

Part III: Translating Theory into Doctrine

4. The Theoretical Framework of Rationale-Based Defences

5. The Contours of Paradigmatic Justifications

6. Rationale-Based Excuses

7. Supervening Justificatory Necessity

8. Mapping the Model's Implications

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