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Synopsis
When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider range of excuses--'diminished capacity', 'due diligence' and 'demands of conscience'--should be recognised in law.
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About the Author
Jeremy Horder is Reader in Criminal Law; Porjes Trust Foundation Fellow; and Tutor in Law at Worcester College, Oxford.
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Excusing Crime (Oxford Monographs on Criminal Law and Justice)
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Oxford University Press, 2004
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Excusing Crime
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Excusing Crime
Published by
Oxford University Press, 2004
ISBN 10: 0198264828
ISBN 13: 9780198264828
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Hardcover
Seller: Anybook.com, Lincoln, United Kingdom
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Condition: Good. This is an ex-library book and may have the usual library/used-book markings inside.This book has hardback covers. In good all round condition. No dust jacket. Please note the Image in this listing is a stock photo and may not match the covers of the actual item,700grams, ISBN:0198264828. Seller Inventory # 4135059
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Excusing Crime (Hardcover)
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Oxford University Press, Oxford, 2004
ISBN 10: 0198264828
ISBN 13: 9780198264828
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Hardcover. Condition: new. Hardcover. When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. The 'classical' view of excuses sees them as rational defects (such as mistake) in the motive force behind an action, but contrasts them with 'denials of responsibility', such as insanity, where the rationaldefect in that motive force is attributable to a mental defect in the agent him- or herself. This classical view of excuses has a long heritage, and is enshrined in different forms in many of the world'scriminal codes, both liberal and non-liberal; however, in this book, Jeremy Horder contends that it is now time to move beyond it.Horder develops a 'liberal' account of excuses, arguing that the 'classical' distinction between rational defects and 'denials of responsibility' is too sharp, and also that the classical view of excuses is too narrow. He contends that it can be right to treat claims as excusatory even if they rely on a combination of elements of rational defectin the motive force behind the action, even if that defect is in part attributable to a mental deficiency in the agent him or herself ('diminished capacity'). Further, he argues that there can be asound case for excuse even when people can give full rational assent to their actions, such as when they could not reasonably have been expected to do more than what they did to avoid committing wrongdoing ('due diligence'), or, more rarely, when their conscience understandably left them with no moral freedom to do other than commit the wrong ('demands-of-conscience'). When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? This book examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780198264828
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Excusing Crime (Oxford Monographs on Criminal Law and Justice)
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Excusing Crime
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