David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 1 (1):49-55 (2006)
Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines?
|Keywords||Law Criminal Law Philosophy of Law Ethics Philosophy Law Theory/Law Philosophy|
|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
Victor Tadros (2005). Criminal Responsibility. OUP Oxford.
J. L. Austin (1964). A Plea for Excuses. In V. C. Chappell (ed.), Ordinary Language: Essays in Philosophical Method. Dover Publications 1--30.
Citations of this work BETA
Marcia Baron (2014). II—Culpability, Excuse, and the ‘Ill Will’ Condition. Aristotelian Society Supplementary Volume 88 (1):91-109.
Similar books and articles
Jeremy Horder (2004). Excusing Crime. OUP Oxford.
George Todd (1971). Lyons on Hart's Rationale for Legal Excuses. Dialogue 10 (1):109-112.
Daniel Lyons (1969). Is Hart's Rationale for Legal Excuses Workable? Dialogue 8 (3):496-502.
John Gardner (2009). The Logic of Excuses and the Rationality of Emotions. Journal of Value Inquiry 43 (3):315-338.
Christopher Evan Franklin (2013). A Theory of the Normative Force of Pleas. Philosophical Studies 163 (2):479-502.
Robert Franck & J. -L. Austin (1967). Les Excuses (« A Plea for Excuses »). Revue de Métaphysique et de Morale 72 (4):414 - 445.
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
Jeremy Horder (2007). Excuses in Law and in Morality: A Response to Marcia Baron. [REVIEW] Criminal Law and Philosophy 1 (1):41-47.
Added to index2010-08-10
Total downloads28 ( #140,705 of 1,906,946 )
Recent downloads (6 months)4 ( #200,756 of 1,906,946 )
How can I increase my downloads?