David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Utilitas 23 (04):363-379 (2011)
In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, the United Kingdom and elsewhere believing that such offences deny a defendant the right to establish that he did not engage in the conduct that the presumed offence probabilistically but not necessarily indicates. On closer analysis, however, such scepticism appears unjustified. Almost all offences, and indeed almost all legal rules, are premised on a probabilistic relationship between the behaviour the rule encompasses and the behaviour that is the rule-maker's real concern. Presumed offences may make this relationship especially obvious, but it is a relationship that exists whenever the law operates by the use of rules
|Keywords||No keywords specified (fix it)|
|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
Jonathan Dancy (2004). Ethics Without Principles. Oxford University Press.
Jonathan Dancy (1993). Moral Reasons. Blackwell.
Roderick M. Chisholm (1966). Theory of Knowledge. Englewood Cliffs, N.J.,Prentice-Hall.
Brad Hooker (2000). Ideal Code, Real World: A Rule-Consequentialist Theory of Morality. Oxford University Press.
Citations of this work BETA
Frederick Schauer (forthcoming). On the Utility of Religious Toleration. Criminal Law and Philosophy:1-14.
Similar books and articles
Andrew Ashworth (2011). The Unfairness of Risk-Based Possession Offences. Criminal Law and Philosophy 5 (3):237-257.
Philip Schofield (2009). Bentham: A Guide for the Perplexed. New York ;Continuum.
John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.
Philippe Mongin & Nathalie Sigot (1999). Halévy's Bentham is Bentham. Philosophy 74 (2):271-281.
J. H. Burns (2005). Happiness and Utility: Jeremy Bentham's Equation. Utilitas 17 (1):46-61.
Jeremy Bentham (1983). The Collected Works of Jeremy Bentham: Deontology. Together with a Table of the Springs of Action and the Article on Utilitarianism. Clarendon Press.
J. R. Dinwiddy (1989/2004). Bentham. Oxford University Press.
Jeremy Bentham (1994). The Collected Works of Jeremy Bentham: Correspondence: Volume 10: July 1820 to December 1821. Clarendon Press.
J. R. Dinwiddy (1989/2004). Bentham: Selected Writings of John Dinwiddy. Stanford University Press.
Jennifer Pitts (2003). Legislator of the World? A Rereading of Bentham on Colonies. Political Theory 31 (2):200-234.
Jeremy Bentham (1983). Deontology ; Together with a Table of the Springs of Action ; and the Article on Utilitarianism. Oxford University Press.
Added to index2011-11-08
Total downloads12 ( #205,927 of 1,726,249 )
Recent downloads (6 months)2 ( #289,836 of 1,726,249 )
How can I increase my downloads?