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Rationale-Based Defences in Criminal Law

Dsouza, M; (2019) Rationale-Based Defences in Criminal Law. [Book]. (1st ed.). Hart Publishing: London, UK. Green open access

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Abstract

Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.

Type: Book
Title: Rationale-Based Defences in Criminal Law
ISBN: 1509902953
ISBN-13: 9781509902958
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.bloomsbury.com/uk/rationale-based-defe...
Language: English
Additional information: This version is the author accepted manuscript of chapter 2 of the book. For information on re-use, please refer to the publisher's terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10139218
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