Chapter

Which Theory of Excuses?

Jeremy Horder

in Excusing Crime

Published in print March 2007 | ISBN: 9780199225781
Published online January 2010 | e-ISBN: 9780191715174 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199225781.003.0004

Series: Oxford Monographs on Criminal Law and Justice

Which Theory of Excuses?

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This chapter defends a liberal understanding of excuses. Topics discussed include the serial view of defences and the range of excuses; rival theories of excuses; critique of the ‘role’ basis to normative expectations; the ‘character’ theory; the ‘capacity’ theory; how and when each capacity theory does its work; and liberalism, enforcing morals, and the capacity theory.

Keywords: excuses; defences; normative expectation; character theory; capacity theory

Chapter.  22317 words. 

Subjects: Criminal Law

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