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  1. Jeremy Horder (2009). Overcriminalization. Social Theory and Practice 35 (3):483-490.
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  2. Jeremy Horder (2007). Excuses in Law and in Morality: A Response to Marcia Baron. [REVIEW] Criminal Law and Philosophy 1 (1):41-47.
    In this analysis of Marcia Baron’s account of excuses, I seek to do two things. I try to draw out the nature of the distinction between forgiving and excusing. I also defend the distinction between excuses (like duress), and denials of responsibility (like insanity).
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  3. Jeremy Horder (2006). Judges' Use of Moral Arguments in Interpreting Statutes. In J. W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
     
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  4. Jeremy Horder (2006). Precedent, Morality and Judicial Discretion in Statutory Interpretation. In Timothy Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oup Oxford.
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  5. Jeremy Horder (2005). Reshaping the Subjective Element in the Provocation Defence. Oxford Journal of Legal Studies 25 (1):123-140.
    At the heart of the provocation defence lies the assumption that the excusatory focus should be the all-too-human and supposedly characteristic tendency to act in a spontaneously retaliatory fashion, when provocation has led to great anger. What if this is not the characteristic reaction of someone who acts for mixed motives, when not only angry at but also fearful of the provoker? Making such cases central to a plea of provocation would reshape the defence so as both to restrict and (...)
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  6. Jeremy Horder (2005). Whose Values Should Determine When Liability is Strict? In Andrew Simester (ed.), Appraising Strict Liability. Oup Oxford.
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  7. Jeremy Horder (2004). Excusing Crime. OUP Oxford.
    When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. -/- The 'classical' view of excuses sees them as rational defects (such as mistake) in the motive force behind an action, but contrasts them with 'denials of responsibility', such as insanity, where the rational defect in that motive force is attributable to a mental defect in the (...)
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  8. Jeremy Horder (2002). Criminal Law and Legal Positivism. Legal Theory 8 (2):221-241.
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  9. Jeremy Horder (2002). Killing the Passive Abuser: A Theoretical Defence. In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oup Oxford.
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  10. Jeremy Horder (ed.) (2000). Oxford Essays in Jurisprudence. Oxford University Press.
    The fourth collection of essays in this long-established series brings together some of the leading contributors to the study of the philosophical foundations of common law. Key issues in contract, tort, and criminal law are subjected to philosophical scrutiny, the aim being to provide an exciting new basis for advanced teaching and further research.
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  11. Jeremy Horder (1996). Crimes of Ulterior Intent. In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. 153--68.
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  12. Jeremy Horder (1996). Reasons for Anger: A Response to Narayan and von Hirsch's Provocation Theory. Criminal Justice Ethics 15 (2):63-69.
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  13. Jeremy Horder (1994). Rethinking Non-Fatal Offences Against the Person. Oxford Journal of Legal Studies 14 (3):335-351.
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  14. Jeremy Horder (1993). Criminal Culpability: The Possibility of a General Theory. [REVIEW] Law and Philosophy 12 (2):193 - 215.
    In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure (...)
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  15. Stephen Shute, John Gardner & Jeremy Horder (eds.) (1993). Action and Value in Criminal Law. Oxford University Press.
    In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, (...)
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  16. Jeremy Horder (1992). The Duel and the English Law of Homicide. Oxford Journal of Legal Studies 12 (3):419-430.
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