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Culpable Mind

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/9780199207251.003.0003
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter criticizes the character and choice theories of the culpable mind as incapable of justifying judicial punishment specifically as opposed to moral censure generally. It develops from ... More


Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?

Jack Beatson

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/9780199206551.003.0010
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explores the relationship between the Woolwich principle and other common law grounds for restitution, in particular mistake of law. It argues that the Court of Appeal's reasoning in ... More


Testing Fidelity to Legal Values: Official Involvement and Criminal Justice

ANDREW ASHWORTH

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/9780199243495.003.0013
Subject:
Law, Criminal Law and Criminology

Some defences, such as duress and necessity, do not rest on the absence of mens rea or actus reus. Various defences derive their strength chiefly from the absence of mens rea but have been developed ... More


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


Relevance of Mistakes of Law

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0010
Subject:
Law, Law of Obligations

Because of ‘Ignorantia juris non excusat’ — one of the maxims that are fondly associated with law and compared with mistakes of fact — mistakes of law are often perceived to be without relevance. ... More


Existing Law, Scholarly Commentary, and What to Learn from It

Douglas Husak

in Ignorance of Law: A Philosophical Inquiry

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190604684
eISBN:
9780190604714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190604684.003.0003
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter contains four parts that identify the law as it is and what legal philosophers might learn from studying it. In the first part, I describe a number of cases that illustrate the injustice ... More


Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

E. Allan Farnsworth

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.001.0001
Subject:
Law, Law of Obligations

This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes: we might overpay a debt, ... More


Culpability and Mistake of Law

HUSAK DOUGLAS and ANDREW VON HIRSCH

in Action and Value in Criminal Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258063
eISBN:
9780191681783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258063.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter begins by examining whether any difference should exist between the treatment of factual and legal ignorance. To deal with this issue, it considers a hypothetical scheme which German ... More


Adjudication and Legal Change

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0021
Subject:
Law, Philosophy of Law

This chapter is a comment on Kleinwort Benson v Lincoln (1998) grapples with the question how far adjudication differs from legislation even when the court is overruling long-standing precedents long ... More


Common Law Retrospectivity

Andrew Burrows

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0041
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter focuses on two areas, one in civil law (restitution for mistake of law) and the other in criminal law (marital rape), where decisions of the courts have raised especially interesting ... More


Introduction

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0001
Subject:
Law, Law of Obligations

Mistakes refer to the instances wherein our actions become incorrect since our initial perceptions are not in agreement with what has actually occurred in reality. This book attempts to look into the ... More


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