Allowing for Exceptions : A Theory of Defences and Defeasibility in Law
Book Details
Format
Hardback or Cased Book
Book Series
Oxford Legal Philosophy
ISBN-10
0199685789
ISBN-13
9780199685783
Publisher
Oxford University Press
Imprint
Oxford University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Mar 26th, 2015
Print length
308 Pages
Weight
624 grams
Dimensions
16.60 x 24.20 x 2.70 cms
Product Classification:
Social & political philosophyJurisprudence & philosophy of law
Ksh 20,450.00
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Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences, but legal theorists have found it surprisingly difficult to answer. This book tackles this persistent puzzle by offering a new account of exceptions in the law.
You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: ''No, I didn''t do it''. But suppose you did do it. You may then give a different answer. ''Yes, I hit him'', you grant, ''but it was self-defence''; or ''Yes, but I was acting under duress''. To answer in this way-to offer a ''Yes, but. . .'' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.
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