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Part 2: A matter of perspective (in Conduct Rules)

Dsouza, Mark; (2021) Part 2: A matter of perspective (in Conduct Rules). [Digital scholarly resource]. https://criminaljusticetheoryblog.wordpress.com/20... Green open access

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Abstract

In this post, I build on my previous post to argue that imperative, liberty-restricting conduct rules (such as those you might find in offence definitions) should be framed by reference to the objective facts rather than by reference to beliefs about facts. I explain that since the mere circumstance of being in default of a conduct rule need not necessarily lead to a blaming judgement, we need not worry about being blamed for violating guidance that we did not, and could not, know was applicable.

Type: Digital scholarly resource
Title: Part 2: A matter of perspective (in Conduct Rules)
Open access status: An open access version is available from UCL Discovery
Publisher version: https://criminaljusticetheoryblog.wordpress.com/20...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Rationale-Based Defences, Criminal Law, Justifications, Excuses
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL
URI: https://discovery.ucl.ac.uk/id/eprint/10157703
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