Partial Defenses*

Douglas Husak

in The Philosophy of Criminal Law

Published in print March 2010 | ISBN: 9780199585038
Published online May 2010 | e-ISBN: 9780191723476 | DOI:
 							Partial Defenses*

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This chapter describes a number of circumstances in which persons are exempt from blame — in both a moral and criminal context — because most other persons in similar circumstances would have done what they did. It is argued this alleged defence is plausible on normative grounds, even though it typically fails for empirical reasons.

Keywords: defence; excuse; conventions; blame

Chapter.  15092 words. 

Subjects: Jurisprudence and Philosophy of Law

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