Allowing for exceptions : a theory of defences and defeasibility in law /
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| Author / Creator: | Duarte d'Almeida, Luís, 1976- author. |
|---|---|
| Edition: | First edition. |
| Imprint: | Oxford : Oxford University Press, 2015. ©2015 |
| Description: | xii, 291 pages ; 24 cm. |
| Language: | English |
| Series: | Oxford legal philosophy Oxford legal philosophy. |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/10290931 |
Table of Contents:
- Part I. Defeasibility in Question
- 1. The Irreducibility Thesis
- 1.1. Introduction
- 1.2. Hart on Defeasible Concepts
- 1.3. The Irreducibility Thesis
- 1.4. Two Questions
- 2. The Issue of Defeasibility
- 2.1. Two Notions of Defeasibility
- 2.2. Defences and Exceptions
- 2.3. Defeasibility and the Application of Legal Concepts
- 2.4. Agenda
- Part II. Defeasibility in Theory
- 3. The Proof-Based Account
- 3.1. Preliminaries
- 3.2. Introducing the Proof-Based Account
- 3.3. Substantive Representations of Exceptions
- 3.4. 'Probanda' and 'Non-Refutanda'
- 3.5. First Conclusions
- 3.6. Refinements
- 4. Exceptions and the Burden of Proof
- 4.1. Three Objections
- 4.2. The Burden of Proof: Problems with the Received View
- 4.3. Making Better Sense of the Notion
- 4.4. Defences, 'Proof, and Evidential Burdens
- 4.5. Developing the Analysis
- 4.6. The 'Logic' of Exceptions
- 5. Implicit Exceptions
- 5.1. The Problem
- 5.2. The Common View
- 5.3. Two Senses of 'Rules'
- 5.4. The Common View Dismissed
- 6. Ceteris Ignotis Clauses
- 6.1. Completing the Proof-Based Account
- 6.2. On Overrides
- 6.3. On 'That's it' Clauses
- 6.4. Concluding Remarks
- Part III. Defeasibility in Action
- 7. Actions and Accusations
- 7.1. Introduction
- 7.2. Responsibility and Action
- 7.3. 'Yes, but ...'
- 7.4. Defeasibility in Accusatory Contexts
- 7.5. Lines of Development
- 8. Criminal Answerability and the Offence/Defence Distinction
- 8.1. Criminal Defences in the German Model
- 8.2. Offences and Crimes
- 8.3. Defences, Convictions, and Accusations
- 8.4. 'O Call Me Not to Justify the Wrong'
- 8.5. Prima Facie Wrongs and Prima Facie judgments
- 8.6. In Conclusion
- Bibliography
- Index of Subjects
- Index of Names
