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Justification and excuse

In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press (2011)

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  1. Moral Excuse to the Pacifist's Rescue.Blake Hereth - 2023 - Journal of Pacifism and Nonviolence:1-32.
    Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism and is compatible with (...)
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  • Knowledge and acceptance.Roman Heil - 2023 - Asian Journal of Philosophy 2 (1):1-17.
    In a recent paper, Jie Gao (Synthese 194:1901–17, 2017) has argued that there are acceptance-based counterexamples to the knowledge norm for practical reasoning (KPR). KPR tells us that we may only rely on known propositions in practical reasoning, yet there are cases of practical reasoning in which we seem to permissibly rely on merely accepted propositions, which fail to constitute knowledge. In this paper, I will argue that such cases pose no threat to a more broadly conceived knowledge-based view of (...)
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  • Provocateurs.Kimberly Kessler Ferzan - 2013 - Criminal Law and Philosophy 7 (3):597-622.
    When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...)
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  • Failing Solidarity: Justified or Excused?Eleonora Milazzo - 2020 - Global Justice : Theory Practice Rhetoric 12 (2):189-218.
    The concept of solidarity has been receiving growing attention from scholars in a wide range of disciplines. While this trend coincides with widespread unsuccessful attempts to achieve solidarity in the real world, the failure of solidarity as such remains a relatively unexplored topic. In the case of the so-called European Union refugee crisis, the fact that EU member states failed to fulfil their commitment to solidarity is now regarded as established wisdom. But as we try to come to terms with (...)
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