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  1.  11
    Excusing Crime.Jeremy Horder - 2004 - Oxford University Press.
    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. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider range (...)
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  2.  20
    Provocation and Responsibility.Jeremy Horder - 1992 - Oxford University Press UK.
    The first detailed study of the effect of provocation on culpability in morality and law, this book traces the fascinating history of the legal doctrine of provocation, right up to present-day controversies over the scope of the doctrine's application in murder cases.
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  3. Criminal Culpability: The Possibility of a General Theory. [REVIEW]Jeremy Horder - 1993 - 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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  4.  48
    Excuses in Law and in Morality: A Response to Marcia Baron. [REVIEW]Jeremy Horder - 2007 - 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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  5.  93
    Rethinking Non-Fatal Offences Against the Person.Jeremy Horder - 1994 - Oxford Journal of Legal Studies 14 (3):335-351.
  6.  78
    Oxford Essays in Jurisprudence.Jeremy Horder (ed.) - 2000 - 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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  7.  9
    The Duel and the English Law of Homicide.Jeremy Horder - 1992 - Oxford Journal of Legal Studies 12 (3):419-430.
  8. Oxford Essays in Jurisprudence: Fourth Series.Jeremy Horder (ed.) - 2000 - Oxford University Press UK.
    The fourth collection of essays in this long-established series brings together some of the leading contributors to Oxford's course on the Philosophical Foundations of Common Law for the Bachelor of Civil Law. Key issues in contract, tort, and criminal law are subjected to philosophical scrutiny, as well as concerns, such as the significance of personhood in law and legal theory. The aim of the book, like the aim of the course, is to make a major contribution to thinking about the (...)
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  9.  68
    Action and Value in Criminal Law.Stephen Shute, John Gardner & Jeremy Horder (eds.) - 1993 - 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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  10.  7
    Criminal Law and Legal Positivism.Jeremy Horder - 2002 - Legal Theory 8 (2):221-241.
  11.  4
    Criminal Law and Republican Liberty: Philip Pettit’s Account.Jeremy Horder - forthcoming - Criminal Law and Philosophy:1-21.
    Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance. Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is the importance (...)
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  12. Crimes of Ulterior Intent.Jeremy Horder - 1996 - In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. pp. 153--68.
     
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  13. Judges' Use of Moral Arguments in Interpreting Statutes.Jeremy Horder - 2006 - 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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  14. Killing the Passive Abuser: A Theoretical Defence.Jeremy Horder - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
     
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  15.  17
    Overcriminalization: The Limits of the Criminal Law.Jeremy Horder - 2009 - Social Theory and Practice 35 (3):483-490.
  16. Precedent, Morality and Judicial Discretion in Statutory Interpretation.Jeremy Horder - 2006 - In Timothy Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
  17.  14
    Reshaping the Subjective Element in the Provocation Defence.Jeremy Horder - 2005 - 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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  18. Whose Values Should Determine When Liability is Strict?Jeremy Horder - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
     
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  19.  26
    Reasons for Anger: A Response to Narayan and von Hirsch's Provocation Theory.Jeremy Horder - 1996 - Criminal Justice Ethics 15 (2):63-69.
  20. Thieving and Deceiving What is the Difference?Stephen Shute & Jeremy Horder - 1993
     
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