The Characters of Excuse<sup>1</sup>


in Criminal Responsibility

Published in print March 2007 | ISBN: 9780199225828
Published online January 2010 | e-ISBN: 9780191718571 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

The Characters of Excuse1

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This chapter is concerned with excuses. It is argued that there are different kinds of excuse claim. Some are based on the fact that the defendant could not have done otherwise than he did. Others are based on the fact that, for good reason, the action of the agent was not reflective of her character. In this case, the defendant must show that there was good reason why she was not guided by the reasons that would normally guide her. This involves showing that her capacity for being guided by the right reasons was interfered with.

Keywords: excuses; reason; character; capacity

Chapter.  16777 words. 

Subjects: Criminal Law

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