David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 1 (1):21-39 (2006)
Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austinâs classic A Plea for Excuses, but expand on his account, suggesting that we offer excuses for reasons besides those he mentions. My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the rules of civility
|Keywords||Justification Excuse Civility Forgiving Pardoning Holding responsible Exempting Blaming J.L. Austin|
|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
Rudolf Schuessler (2013). Violating Strict Deontological Constraints: Excuse or Pardon? Criminal Law and Philosophy:1-15.
Similar books and articles
Mary A. Konovsky & Frank Jaster (1989). “Blaming the Victim” and Other Ways Business Men and Women Account for Questionable Behavior. Journal of Business Ethics 8 (5):391 - 398.
Kent Greenawalt (1998). Justifications, Excuses, and a Model Penal Code for Democratic Societies. Criminal Justice Ethics 17 (1):14-28.
John Gardner (2009). The Logic of Excuses and the Rationality of Emotions. Journal of Value Inquiry 43 (3):315-338.
Jeremy Horder (2004). Excusing Crime. OUP Oxford.
Christopher Evan Franklin (2013). A Theory of the Normative Force of Pleas. Philosophical Studies 163 (2):479-502.
François Tanguay-Renaud (forthcoming). Puzzling About State Excuses as an Instance of Group Excuses. In R. A. Duff, L. Farmer, S. Marshall & V. Tadros (eds.), The Constitution of Criminal Law. Oxford University Press.
Robert Franck & J. -L. Austin (1967). Les Excuses (« A Plea for Excuses »). Revue de Métaphysique Et de Morale 72 (4):414 - 445.
Jeremy Horder (2007). Excuses in Law and in Morality: A Response to Marcia Baron. [REVIEW] Criminal Law and Philosophy 1 (1):41-47.
R. A. Duff (2006). Excuses, Moral and Legal: A Comment on Marcia Baron's 'Excuses, Excuses'. Criminal Law and Philosophy 1 (1):49-55.
Added to index2010-08-10
Total downloads70 ( #19,322 of 1,096,898 )
Recent downloads (6 months)10 ( #17,513 of 1,096,898 )
How can I increase my downloads?