Criminal Law and Philosophy 4 (2):135-159 (2010)
|Abstract||When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. I discuss the advantages and disadvantages of this approach with special attention to how to contrast offenses from defenses. The alternative I tend to favor probably should not be implemented in existing penal codes. As a result, we are likely to remain dissatisfied with the decisions made by our criminal justice system about the exculpatory effect of ignorance of law.|
|Keywords||Culpability Retributivism Desert Ignorance of law Consequentialism Desert Blame Morality Offenses and defenses|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.
Re'em Segev (2006). Justification, Rationality and Mistake: Mistake of Law is No Excuse? It Might Be a Justificaton! [REVIEW] Law and Philosophy 25 (1):31-79.
Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.
Charles P. Nemeth (2008). Aquinas on Crime. St. Augustine's Press.
Jeremy Horder (1993). Criminal Culpability: The Possibility of a General Theory. [REVIEW] Law and Philosophy 12 (2):193 - 215.
Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.
Qi Zhou, An Economic Perspective on the Doctrine of Unilateral Mistake in English Contract Law: A Remedy-Based Approach.
Douglas Husak (2012). Intoxication and Culpability. Criminal Law and Philosophy 6 (3):363-379.
Gideon Yaffe (2009). Excusing Mistakes of Law. Philosophers' Imprint 9 (2):1-22.
Larry Alexander (2009). Facts, Law, Exculpation, and Inculpation: Comments on Simons. Criminal Law and Philosophy 3 (3):241-245.
Douglas Husak (2008). Why Criminal Law: A Question of Content? [REVIEW] Criminal Law and Philosophy 2 (2):99-122.
Alan Brudner (2012). Punishment and Freedom. OUP Oxford.
William S. Laufer (1996). Corporate Culpability and the Limits of Law. Business Ethics Quarterly 6 (3):311-324.
S. C. Coval (1986). Law and its Presuppositions: Actions, Agents, and Rules. Routledge & K. Paul.
David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.
Added to index2010-09-13
Total downloads33 ( #41,931 of 722,813 )
Recent downloads (6 months)1 ( #60,541 of 722,813 )
How can I increase my downloads?