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