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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Rationale-Based Defences in Criminal Law


ISBN13: 9781509932146
Published: September 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £35.00
Hardback edition , ISBN13 9781509902958



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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 way 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.

Subjects:
Criminal Law
Contents:
Part I: Overview
1. The Proposed Borders of Justification and Excuse

Part II: Defences in the Structure of the Criminal Law
2. Reasons and Perspective in the Criminal Law
3. The Normative Guidance Underlying the Criminal Law

Part III: Translating Theory into Doctrine
4. The Theoretical Framework of Rationale-Based Defences
5. The Contours of Paradigmatic Justifications
6. Rationale-Based Excuses
7. Supervening Justificatory Necessity
8. Mapping the Model's Implications