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Criminal Answerability and the Offence/Defence Distinction

Luís Duarte d’Almeida

in Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter makes use of the analyses set forth in the book to cast light on our legal practices of holding people responsible for their actions. The focus is on criminal responsibility. Criminal ... More


Distinguishing Defences (from Offences, and from Each Other)

A P Simester

in Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198853145
eISBN:
9780191887468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853145.003.0017
Subject:
Law, Criminal Law and Criminology

This chapter distinguishes substantive defences from offences, and distinguishes the major types of defences from each other. The substantive defences are united by the culpability principle. They ... More


Unpacking Excuses: Hybrids and Mistakes

A P Simester

in Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198853145
eISBN:
9780191887468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853145.003.0019
Subject:
Law, Criminal Law and Criminology

This chapter focuses on excuses, which can be usefully subdivided into three categories: rationale-based excuses; hybrid and partial irresponsibility defences; and defensive mistakes. What unites ... More


Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Luís Duarte d'Almeida

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

You find yourself in a court of law, accused of having hit someone. What can you say to avoid conviction? One thing you can do is simply to deny the accusation: ‘No’, you claim, ‘I didn’t do it.’ But ... More


Enemy Images

Nicholas J. Wheeler

in Trusting Enemies: Interpersonal Relationships in International Conflict

Published in print:
2018
Published Online:
April 2018
ISBN:
9780199696475
eISBN:
9780191835599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199696475.003.0004
Subject:
Political Science, International Relations and Politics

This chapter examines how enemy images are produced and reproduced in relations between two enemies. It identifies four drivers of security competition that block the development of trust. These are: ... More


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