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Punishment and ResponsibilityEssays in the Philosophy of Law$
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H.L.A. Hart

Print publication date: 2008

Print ISBN-13: 9780199534777

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199534777.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2021

LEGAL RESPONSIBILITY AND EXCUSES

LEGAL RESPONSIBILITY AND EXCUSES

Chapter:
(p.28) II LEGAL RESPONSIBILITY AND EXCUSES
Source:
Punishment and Responsibility
Author(s):

H. L. A. Hart

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199534777.003.0002

This chapter draws attention to the analogy between conditions that are treated by criminal law as excusing conditions and certain similar conditions that are treated in another branch of the law as invalidating certain civil transactions such as wills, gifts, contracts, and marriages. This analogy shows that there is a rationale for our insistence on the importance of excusing conditions in criminal law that no form of determinism could impugn. This rationale also seems to be superior at many points to the two main accounts or explanations, which in Anglo-American jurisprudence have been put forward as the basis of the recognition of excusing conditions in criminal responsibility.

Keywords:   criminal law, excusing conditions, invalidating conditions, criminal punishment, criminal responsibility

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