株式会社極東書店トップ > 商品一覧 > Allowing for Exceptions : A Theory of Defences and Defeasibility in Law.
商品詳細
Allowing for Exceptions : A Theory of Defences and Defeasibility in Law. 除外を許容する -法における防御とDefeasibilityの理論-
・ISBN 978-0-19-968578-3 hard GB£ 110.00
¥34,848.- (税込) ※(※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。
お気に入り
★★★
電子版あり 大学・学術機関向け電子ブック(eBook)ISBN 978-0-19-176576-6
| 著者・編者 | Duarte d'Almeida, Luis, |
|---|---|
| シリーズ | Oxford Legal Philosophy |
| 出版社 | (Oxford U. Pr., UK) |
| 出版年月 | 2015 |
| ページ数 | 308 pp. |
| 言語 | ENG |
| ニュース番号 | <619-750> |
解説
You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.