Ignorance of law : a philosophical inquiry / Douglas Husak.

Format:

Book

Author/Creator:

Husak, Douglas N., 1948- author.

Series:

Oxford legal philosophy.

Oxford Legal Philosophy

Language:

English

Subjects (All):

Ignorance (Law)--Philosophy.

Ignorance (Law).

Physical Description:

1 online resource (321 p.)

Place of Publication:

New York, NY : Oxford University Press, 2016.

Summary:

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.

Contents:

Cover; Series; Ignorance of Law; Copyright; Dedication; Contents; Series Editors' Preface; Acknowledgments; Introduction; 1. 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; 2. 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 of Law as a Denial of Mens Rea; 3. Responsibility; A. The Capacity for Responsibility

B. Responsibility for ConductC. Culpable Ignorance and a Duty to Inquire; 4. 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; 5. The Real World; A. Implementation and Practical Realities; B. Consequences and Compromises; References; Index of Authorities; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and indexes.

Description based on print version record.

ISBN:

9780190604707

0190604700

9780190604714

0190604719

9780190604691

0190604697