Fr. 170.00

Ignorance of Law - A Philosophical Inquiry

English · Hardback

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Zusatztext In Ignorance of Law: A Philosophical Inquiry, Douglas Husak's extraordinary mix of philosophical acumen, legal expertise, and modest common sense is on display. The book is certainly the most thorough and thoughtful treatment of the normative questions raised by the criminal law's grudging attitude towards defendants who commit crimes they did not know were crimes. Informationen zum Autor Douglas Husak is Distinguished Professor of Philosophy at Rutgers University. He is the author of over one-hundred scholarly articles and six books, most notably: The Philosophy of Criminal Law (Oxford, 2010), Overcriminalization (Oxford, 2008), and Drugs and Rights (1992). He has been a Visiting Professor at several law schools and philosophy departments and specializes in philosophical issues involving criminal law. He is the current Editor-in-Chief of Criminal Law and Philosophy and a past Editor-in-Chief of Law and Philosophy. Klappentext 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. Zusammenfassung 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. Inhaltsverzeichnis ACKNOWLEDGMENTS INTRODUCTION CHAPTER ONE: METHODOLOGICAL ASSUMPTIONS: HOW TO APPROACH A PHILOSOPHICAL INQUIRY INTO THE TOPIC OF IGNORANCE OF LAW A. The Basic Question B. Critical Morality and the Criminal Law C. Intuitions and their Limitations CHAPTER TWO: EXISTING LAW, SCHOLARLY COMMENTARY, AND WHAT TO LEARN FROM IT A. Selected Cases and Commentary B. Notice C. Fact and Law D. The Structure of Exculpatory Claims: Ignorance as a Denial of Mens rea CHAPTER THREE: RESPONSIBILITY A. The Capacity for Responsibility B. Responsibility for Conduct C. Culpable Ignorance and a Duty to Inquire CHAPTER FOUR: REFINEMENTS, QUALIFICATIONS, COMPLEXITIES A. Knowledge of Wrongdoing B. Hard Cases and Possible Exceptions C. The Doubly Problematic Case of Mala Prohibita D. Negligent Mistakes of Law CHAPTER FIVE: THE REAL WORLD A. Implementation and Practical Realities B. Consequences and Compromises BIBLIOGRAPHY INDEX ...

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