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Killing in Self-Defence

Fiona Leverick

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.001.0001
Subject:
Law, Criminal Law and Criminology

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, ... More


Philosophical Papers

J. L. Austin

J. O. Urmson and G. J. Warnock (eds)

Published in print:
1979
Published Online:
November 2003
ISBN:
9780192830210
eISBN:
9780191597039
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019283021X.001.0001
Subject:
Philosophy, Philosophy of Language

This text collects all Austin’s published articles plus a new one, ch. 13, hitherto unpublished. The analysis of the ordinary language to clarify philosophical questions is the common element of the ... More


Liability and the Limits of Self‐Defense

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/9780199548668.003.0004
Subject:
Philosophy, Moral Philosophy, Philosophy of Language

This chapter distinguishes among a variety of morally different types of threatening individual — for example, those who are culpable, those who are excused, those who are partially excused, those ... More


On the Supposed Priority of Justification to Excuse *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0012
Subject:
Law, Philosophy of Law

A host of moral and legal philosophers apparently define excuses to preclude the existence of a justification, but do not define justifications to preclude the existence of an excuse. This chapter ... More


Partial Defenses *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0013
Subject:
Law, Philosophy of Law

This chapter describes a number of circumstances in which persons are exempt from blame — in both a moral and criminal context — because most other persons in similar circumstances would have done ... More


The ‘But Everyone Does That!’ Defense *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0014
Subject:
Law, Philosophy of Law

This chapter theorizes about partial defences — those that reduce the severity of punishment without precluding criminal liability altogether. Many but not all partial defences are partial ... More


The De Minimis ‘Defense’ to Criminal Liability *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0015
Subject:
Law, Philosophy of Law

This chapter examines the de minimis plea: the allegation that the wrongfulness of the defendant's criminal conduct is too trivial to justify the imposition of penal liability and punishment. It ... More


Religious Figures and Institutions As Litigants

Brian H. Bornstein and Monica K. Miller

in God in the Courtroom: Religion's Role at Trial

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195328677
eISBN:
9780199869954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328677.003.009
Subject:
Psychology, Forensic Psychology

Litigants' religion is central to some cases, such as those making a free exercise claim; a substantial factor in others, such as clergy charged with sexual abuse, defendants who introduce their ... More


The Essence of Forgiveness

Solomon Schimmel

in Wounds Not Healed By Time: The Power of Repentance and Forgiveness

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195128413
eISBN:
9780199834648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195128419.003.0003
Subject:
Religion, Religion and Society

Defines forgiveness, and contrasts it with related concepts, namely, to condone, to excuse, to justify, to exonerate, to forget, to atone, and to reconcile, providing concrete examples of each of ... More


Placing Blame: A Theory of the Criminal Law

Michael S. Moore

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The book aims to give a comprehensive theory of the substantive criminal law. It first develops a theory of what a comprehensive theory of any area of law, such as criminal law, should look like. ... More


Harm and Culpability

A. P. Simester and A. T. H. Smith (eds)

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260578
eISBN:
9780191682124
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260578.001.0001
Subject:
Law, Criminal Law and Criminology

This book draws together original and significant chapters from a number of leading authorities which identify areas of the modern criminal law where there are significant conceptual difficulties. ... More


Kant on Weakness of Will

Thomas E. Hill Jr.

in Virtue, Rules, and Justice: Kantian Aspirations

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199692002
eISBN:
9780191741241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199692002.003.0006
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This chapter reviews the background in Kant’s moral psychology, suggests how weakness of will might be understood in Kant’s theory, and comments on the implications for moral responsibility. In ... More


Kant’s Tugendlehre as Normative Ethics

Thomas E. Hill Jr.

in Virtue, Rules, and Justice: Kantian Aspirations

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199692002
eISBN:
9780191741241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199692002.003.0008
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This chapter reviews, highlights, and raises questions about themes in Kant’s Doctrine of Virtue, Part II of The Metaphysics of Morals. In a wide ranging discussion it comments briefly on the topics ... More


Moral Responsibility and Quality of Will

Michael McKenna

in Conversation and Responsibility

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199740031
eISBN:
9780199918706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199740031.003.0004
Subject:
Philosophy, Philosophy of Language, General

This chapter reorients Strawson's theory by emphasizing the role of the agent who is responsible rather than the role of those holding responsible. The three central ingredients in Strawson's ... More


The Doctrinal Basis of the Actus Reus Requirement

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Whether there is a unitary and coherent doctrine that can be referred to as the ‘actus reus requirement’ is the topic of this chapter. Two worries about this doctrine are examined and allayed. One is ... More


Causation and the Excuses

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0012
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Excuses are seen as what are needed to move from prima facie culpability, to actual culpability. Excuses give the conditions under which an otherwise culpable choice is not blameworthy (either at ... More


Choice, Character, and Excuse

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0013
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Having rejected the causal theory of excuse in chapter 12, it remains to ascertain what would be a good theory of the excuses. Two such theories are examined, the choice theory and the character ... More


Criminal Responsibility

Jennifer Radden (ed.)

in The Philosophy of Psychiatry: A Companion

Published in print:
2004
Published Online:
January 2009
ISBN:
9780195149531
eISBN:
9780199870943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195149531.003.0022
Subject:
Philosophy, Philosophy of Mind

This chapter examines the relationship between criminal responsibility and mental disorders. It reviews the legal evolution of the concepts of criminal responsibility and mental excuses. It considers ... More


Rationality

Paul Weirich

in Collective Rationality: Equilibrium in Cooperative Games

Published in print:
2010
Published Online:
September 2009
ISBN:
9780195388381
eISBN:
9780199866700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388381.003.0003
Subject:
Philosophy, Logic/Philosophy of Mathematics

Rationality advances standards and goals for acts distinct from those that morality advances. Rationality is attainable, and its demands are sensitive to an agent's circumstances and abilities. ... 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


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