Ignorance of Law

A Philosophical Inquiry

Nonfiction, Reference & Language, Law, Criminal Procedure, Jurisprudence, Religion & Spirituality, Philosophy, Ethics & Moral Philosophy
Cover of the book Ignorance of Law by Douglas Husak, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Douglas Husak ISBN: 9780190604707
Publisher: Oxford University Press Publication: July 21, 2016
Imprint: Oxford University Press Language: English
Author: Douglas Husak
ISBN: 9780190604707
Publisher: Oxford University Press
Publication: July 21, 2016
Imprint: Oxford University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Oxford University Press

Cover of the book Trumpet Blues by Douglas Husak
Cover of the book Timpani Tone and the Interpretation of Baroque and Classical Music by Douglas Husak
Cover of the book The Third Revolution by Douglas Husak
Cover of the book Nature and Necessity in Spinoza's Philosophy by Douglas Husak
Cover of the book Just a Job? by Douglas Husak
Cover of the book Religion in America: A Very Short Introduction by Douglas Husak
Cover of the book Freedom Sounds by Douglas Husak
Cover of the book Into the Quagmire by Douglas Husak
Cover of the book Injustice by Douglas Husak
Cover of the book Lethal But Legal by Douglas Husak
Cover of the book The Voice of the Past by Douglas Husak
Cover of the book More Women Can Run by Douglas Husak
Cover of the book Roman Law: Oxford Bibliographies Online Research Guide by Douglas Husak
Cover of the book Orca Starter Level Oxford Bookworms Library by Douglas Husak
Cover of the book The System Worked by Douglas Husak
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy