Allowing for Exceptions: A Theory of Defences and Defeasibility in Law by Luis Duarte d'AlmeidaAllowing for Exceptions: A Theory of Defences and Defeasibility in Law by Luis Duarte d'Almeida

Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

byLuis Duarte d'Almeida

Hardcover | May 7, 2015

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You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: "No, I didn't do it". But suppose you did do it. You may then give a different answer. "Yes, I hit him", you grant, "but it was self-defence"; or "Yes,but I was acting under duress". To answer in this way - to offer a "Yes, but. . ." reply - is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. Youshould be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. Butlegal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks moreclosely into the workings of exceptions in accusatory contexts, including the criminal trial.
Luis Duarte d'Almeida is Chancellor's Fellow in Law at the University of Edinburgh. He was educated at Lisbon (BA, LLM) and at Oxford (DPhil), and prior to his appointment at Edinburgh he was Junior Research Fellow of Churchill College, Cambridge, and Research Fellow in Legal Philosophy at the University of Girona, Spain. His research ...
Title:Allowing for Exceptions: A Theory of Defences and Defeasibility in LawFormat:HardcoverDimensions:320 pages, 9.21 × 6.14 × 0 inPublished:May 7, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685789

ISBN - 13:9780199685783

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Table of Contents

Part I: Defeasibility in Question1. The Irreducibility Thesis2. The Issue of DefeasibilityPart II: Defeasibility in Theory3. The Proof-Based Account4. Exceptions and the Burden of Proof5. Implicit Exceptions6. Ceteris Ignotis ClausesPart III: Defeasibility in Action7. Actions and Accusations8. Criminal Answerability and the Offence/Defence DistinctionBibliography