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Author: Douglas Husak Publisher: Oxford University Press ISBN: 0190604700 Category : Law Languages : en Pages : 321
Book Description
This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Author: Douglas Husak Publisher: Oxford University Press ISBN: 0190604700 Category : Law Languages : en Pages : 321
Book Description
This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Author: Brian J. Willett Publisher: ISBN: 9781478730149 Category : Law Languages : en Pages : 314
Book Description
"Ignorance of the Law is No Excuse" is the insightful book written by Double Board Certified attorney Brian J. Willett. This book depicts a common sense approach to understanding the Texas Criminal Justice system. The book is written for the "non attorney" and is filled with astute examples which explain many of the common criminal laws and procedures in the State of Texas. It includes information on topics such as family assaults, drugs, DWIs, weapon charges, sexual offenses, driver's license suspensions, bonds, juvenile law and criminal record expunctions.
Author: Matthew Talbert Publisher: ISBN: 019067587X Category : Philosophy Languages : en Pages : 185
Book Description
Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.
Author: Marcus Tullius Cicero Publisher: Lulu.com ISBN: 1387338471 Category : History Languages : en Pages : 94
Book Description
On the Commonwealth represents Cicero's first serious attempt to bring Greek theories of political life to the circumstances of the Roman Republic. While some passages have been lost or reduced to fragments, it remains an important work of political philosophy and essential reading for political science students.
Author: Linsey McGoey Publisher: Zed Books Ltd. ISBN: 1780326386 Category : Philosophy Languages : en Pages : 335
Book Description
Deliberate ignorance has been known as the ‘Ostrich Instruction’ in law courts since the 1860s. It illustrates a recurring pattern in history in which figureheads for major companies, political leaders and industry bigwigs plead ignorance to avoid culpability. So why do so many figures at the top still get away with it when disasters on their watch damage so many people’s lives? Does the idea that knowledge is power still apply in today’s post-truth world? A bold, wide-ranging exploration of the relationship between ignorance and power in the modern age, from debates over colonial power and economic rent-seeking in the 18th and 19th centuries to the legal defences of today, The Unknowers shows that strategic ignorance has not only long been an inherent part of modern power and big business, but also that true power lies in the ability to convince others of where the boundary between ignorance and knowledge lies.
Author: Alexander Sarch Publisher: ISBN: 0190056576 Category : Law Languages : en Pages : 297
Book Description
The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for change.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Douglas Husak
Author: Douglas Husak
Author: Brian J. Willett
Author: John Ashbery
Author: J. Tom Morgan
Author: John Selden
Author: Matthew Talbert
Author: Marcus Tullius Cicero
Author: Linsey McGoey
Author: Alexander Sarch
Author: American Bar Association. House of Delegates