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Criminal Law Theory: Doctrines of the General Part

Stephen Shute and Andrew Simester (eds)

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.001.0001
Subject:
Law, Criminal Law and Criminology

Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the ... More


Speech Matters: On Lying, Morality, and the Law

Seana Valentine Shiffrin

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691157023
eISBN:
9781400852529
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157023.001.0001
Subject:
Philosophy, Moral Philosophy

To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render ... More


Introduction

Seana Valentine Shiffrin

in Speech Matters: On Lying, Morality, and the Law

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691157023
eISBN:
9781400852529
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157023.003.0001
Subject:
Philosophy, Moral Philosophy

This book explores the relationship between discursive communication and moral agency, with the goal of unifying a variety of issues about communicative ethics, including issues about lying, ... More


Excuse

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0008
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor ... More


Excuses

Jeff McMahan

in Killing in War

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199548668
eISBN:
9780191721045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548668.003.0003
Subject:
Philosophy, Moral Philosophy, Philosophy of Language

This chapter begins by offering two mutually compatible diagnoses of why the orthodox view has been perennially appealing. One is that the orthodox view makes sense as a matter of law and people tend ... More


Excusing Addiction

Gary Watson

in Agency and Answerability: Selected Essays

Published in print:
2004
Published Online:
September 2010
ISBN:
9780199272273
eISBN:
9780191709968
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272273.003.0012
Subject:
Philosophy, Philosophy of Mind

Chapter 3 showed that we have good reason to believe that addiction impairs responsiveness to reasons and volitional control. This chapter considers whether this sort of impairment should ever ... More


Duress and Moral Progress

Seana Valentine Shiffrin

in Speech Matters: On Lying, Morality, and the Law

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691157023
eISBN:
9781400852529
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157023.003.0003
Subject:
Philosophy, Moral Philosophy

This chapter examines what moral obligations, if any, remain or are incurred when one promises under duress. In general, duress holds that unjustified or wrongfully exerted coercion entirely ... More


Introduction

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0001
Subject:
Law, Criminal Law and Criminology

This introductory chapter explains why the law relating to killing in self-defence is an important topic for study. It also distinguishes self-defence from other conceptually similar defences, such ... More


The Further Travails of Duress

Ewan McKendrick

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0011
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines three aspects of duress. The first is the circumstances in which duress will suffice to entitle a party to set aside a contract and recover a benefit which has been conferred on ... More


Gray Zones: Diabolical Evil Revisited

Claudia Card

in The Atrocity Paradigm: A Theory of Evil

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195145083
eISBN:
9780199833115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195145089.003.0010
Subject:
Philosophy, Aesthetics

This chapter proposes, and illustrates, with the idea of gray zones, a more historically accurate conception of diabolical evil than the one rejected by Kant: the deliberate and successful pursuit of ... More


Structuring the Criminal Code: Functional Approaches to Complicity, Incomplete Offences, and General Defences

P. R. Glazebrook

in Harm and Culpability

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260578
eISBN:
9780191682124
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260578.003.0017
Subject:
Law, Criminal Law and Criminology

The structure adopted by the United Kingdom's Law Commission for its 1989 draft Criminal Code for England and Wales in several key respects mimics rather too closely for either comfort or simplicity ... More


Which Promises Bind?

David Owens

in Shaping the Normative Landscape

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199691500
eISBN:
9780191744938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691500.003.0011
Subject:
Philosophy, Moral Philosophy

We must distinguish two questions: (a) Does a promise bind? (b) Are we justified in breaking it? Promises made under duress or induced by deception do not bind. We should distinguish two accounts of ... More


Individual Criminal Responsibility in International Law

Elies van Sliedregt

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This book examines the concept of individual criminal responsibility for serious violations of international law, i.e., aggression, genocide, crimes against humanity, and war crimes. Such crimes are ... More


Restitution from Public Authorities

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0014
Subject:
Law, Law of Obligations

This chapter is concerned with the application of the grounds of restitution and principles in one particular context, namely, where a restitutionary claim is brought against public authorities. ... More


Compulsion

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0009
Subject:
Law, Law of Obligations

Although compulsion is not a ground of restitution in its own right, it is a general principle which underlies a number of specific grounds of restitution, most notably duress. The essence of the ... More


Killing The Passive Abuser: A Theoretical Defence

JEREMY HORDER

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0012
Subject:
Law, Criminal Law and Criminology

This chapter considers evidence of so-called ‘battered woman syndrome’ (BWS) and its role in self-defence cases with respect to criminal law. If we are committed to regarding human life as special, ... More


Agreements to Vary Contracts

SIR GUENTER TREITEL

in Some Landmarks of Twentieth Century Contract Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199255757
eISBN:
9780191719561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199255757.003.0002
Subject:
Law, Human Rights and Immigration, Legal History

This chapter discusses obstacles which the doctrine of consideration had placed in the way of legal enforceability of agreements to vary contracts. It distinguishes between increasing pacts (A ... More


An Anatomy of Excuses

Jeremy Horder

in Excusing Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225781
eISBN:
9780191715174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225781.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter provides an ‘anatomy’ of excuses, a close examination of the sometimes very different elements of which each is comprised. It begins by focusing on three different dimensions to excuses, ... More


The Doing of Anthropology: Reflections on an: Antropología Comprometida Conversations with Ricardo Falla

Carolyn Nordstrom and Antonius C. G. M. Robben

in Fieldwork Under Fire: Contemporary Studies of Violence and Culture

Published in print:
1996
Published Online:
May 2012
ISBN:
9780520089938
eISBN:
9780520915718
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520089938.003.0013
Subject:
Anthropology, Anthropology, Theory and Practice

Ricardo Falla, anthropologist and priest, has dedicated his life to assisting and chronicling the lives of Mayas living under political duress in Guatemala. At considerable risk, Falla has spent over ... More


Defenses

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0014
Subject:
Law, Public International Law, Criminal Law and Criminology

Defences to criminal conduct are often an overlooked aspect of international criminal law. As this chapter explains, that weakness does not apply to the Nuremberg Military Tribunals, which generated ... More


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