David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Value Inquiry 43 (3):315-338 (2009)
Sometimes emotions excuse. Fear and anger, for example, sometimes excuse under the headings of (respectively) duress and provocation. Although most legal systems draw the line at this point, the list of potentially excusatory emotions outside the law seems to be longer. One can readily imagine cases in which, for example, grief or despair could be cited as part of a case for relaxing or even eliminating our negative verdicts on those who performed admittedly unjustified wrongs. To be sure, the availability of such excuses depends on what wrong one is trying to excuse. No excuse is available in respect of all wrongs. Some wrongs, indeed, are inexcusable. This throws up the interesting question of what makes a particular emotion apt to excuse a particular wrong. Why is fear, for example, more apt to excuse more serious wrongs than, say, pride or shame? This question leads naturally to another. Why are some emotions, such as lust, greed, and envy, apparently not apt to furnish any excuses at all? Can one not be overcome by them? Can they not drive one to wrongdoing as readily as fear and grief? Or is that not the point?
|Keywords||Philosophy Philosophy European Law/Public International Law Political Science Ethics Ontology|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
R. A. Duff (2015). Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion? Inquiry 58 (2):189-220.
John Gardner (2012). Wrongdoing by Results: Moore's Experiential Argument. Legal Theory 1 (1):1-13.
Pietro Denaro (2012). Moral Harm and Moral Responsibility: A Defence of Ascriptivism. Ratio Juris 25 (2):149-179.
Andrew Cornford (2016). Mitigating Murder. Criminal Law and Philosophy 10 (1):31-44.
Rudolf Schuessler (2015). Violating Strict Deontological Constraints: Excuse or Pardon? Criminal Law and Philosophy 9 (4):587-601.
Similar books and articles
Daniel Farell (2004). Rationality and the Emotions. Croatian Journal of Philosophy 4 (11):241-251.
Isabella Muzio (2001). Emotions and Rationality. Croatian Journal of Philosophy 1 (2):135-145.
Patricia S. Greenspan (2004). Practical Reasoning and Emotion. In Alfred R. Mele & Piers Rawling (eds.), The Oxford Handbook of Rationality. Oxford: Oxford University Press
Christopher Evan Franklin (2013). A Theory of the Normative Force of Pleas. Philosophical Studies 163 (2):479-502.
R. A. Duff (2006). Excuses, Moral and Legal: A Comment on Marcia Baron's 'Excuses, Excuses'. Criminal Law and Philosophy 1 (1):49-55.
Espen Gamlund (2011). Forgiveness Without Blame. In Christel Fricke (ed.), The Ethics of Forgiveness. Routledge
Aaron Ben-Ze'ev (2002). Are Envy, Anger, and Resentment Moral Emotions? Philosophical Explorations 5 (2):148 – 154.
Jeremy Horder (2004). Excusing Crime. OUP Oxford.
Gideon Yaffe (2009). Excusing Mistakes of Law. Philosophers' Imprint 9 (2):1-22.
Marcia Baron (2006). Excuses, Excuses. Criminal Law and Philosophy 1 (1):21-39.
Added to index2009-01-28
Total downloads119 ( #33,029 of 1,911,320 )
Recent downloads (6 months)12 ( #49,027 of 1,911,320 )
How can I increase my downloads?