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An attitudinal theory of excuse

Law and Philosophy 25 (3):289-375 (2005)

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  1. Criminal culpability: The possibility of a general theory. [REVIEW]Jeremy Horder - 1993 - Law and Philosophy 12 (2):193 - 215.
    In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure (...)
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