The ‘But Everyone Does That!’ Defense*

Douglas Husak

in The Philosophy of Criminal Law

Published in print March 2010 | ISBN: 9780199585038
Published online May 2010 | e-ISBN: 9780191723476 | DOI:
 							The ‘But Everyone Does That!’ Defense*

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This chapter theorizes about partial defences — those that reduce the severity of punishment without precluding criminal liability altogether. Many but not all partial defences are partial justifications or excuses which mitigate punishment by reducing the wrongfulness of conduct (in the case of partial justifications) or the blameworthiness of the agent (in the case of partial excuses). The chapter explores the relationship between partial and complete defences and tentatively supports a hypothesis according to which we should recognize a given partial defence if it has an analogue in a complete defence.

Keywords: punishment; mitigation; justification; excuse; defence; blame

Chapter.  13646 words. 

Subjects: Jurisprudence and Philosophy of Law

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