Book

Excusing Crime

📖 Overview

Excusing Crime examines the philosophical and legal foundations of criminal law excuses. The book analyzes how and why the law recognizes certain circumstances that exempt defendants from criminal liability. Through systematic analysis of case law and legal theory, Horder explores key excusing conditions like duress, necessity, and mistake of law. He challenges traditional frameworks for understanding excuses and proposes new ways to conceptualize their role in criminal justice. The work engages with fundamental questions about moral responsibility, human agency, and the relationship between law and ethics. Horder's analysis spans both historical development of excuses and contemporary debates about their proper scope and application. This scholarly examination reveals deeper truths about how society balances individual circumstances against collective standards of behavior. The intersection of philosophy, psychology, and law creates a complex portrait of human culpability and justice.

👀 Reviews

This academic legal text has limited public reviews available online. Based on the small number of academic citations and references, readers found value in Horder's analysis of criminal law excuses and defenses, particularly his philosophical framework for categorizing different types of excuses. Readers appreciated: - Clear breakdown of excuse categories and classifications - Thorough examination of legal precedents - Connections between moral philosophy and criminal law Common criticisms: - Dense academic writing style - Limited practical applications for practicing lawyers - Some arguments seen as overly theoretical Available Ratings: No ratings found on Goodreads or Amazon Cited in 147 legal/academic papers according to Google Scholar Note: Most discussion of this book appears in academic legal journals and scholarly works rather than consumer reviews. The specialized nature of the topic means it has a narrow, primarily academic readership.

📚 Similar books

Just Punishment by Matt Matravers This text examines philosophical justifications for criminal punishment and the relationship between moral responsibility and legal excuses.

Crime and Culpability by Larry Alexander and Kimberly Kessler Ferzan The book presents a unified theory of criminal law that connects criminal responsibility with moral blameworthiness.

Wrongs and Crimes by Victor Tadros This work explores the foundations of criminal law through analysis of rights, wrongs, and the state's authority to criminalize conduct.

Ignorance of Law by Douglas Husak The text investigates the legitimacy of ignorance as a criminal law excuse and its implications for legal theory.

Character and the Criminal Law by Nicola Lacey This examination traces the development of character-based liability in criminal law and its relationship to modern excuse doctrines.

🤔 Interesting facts

🔹 Jeremy Horder served as Law Commissioner for England and Wales (2005-2010), where he directly influenced the development of criminal law reforms he discusses in the book. 🔹 The book challenges traditional views on legal excuses by examining them through both philosophical and historical lenses, particularly focusing on how Victorian-era thinking shaped modern legal defenses. 🔹 Excusing Crime explores the controversial "cultural defense" - whether defendants should be excused for criminal acts based on their cultural background - years before it became a widely debated topic in legal circles. 🔹 The author draws unexpected parallels between criminal law excuses and contract law principles, revealing how both areas of law handle questions of responsibility and fairness. 🔹 While writing this book, Horder held the position of Edmund-Davies Professor of Criminal Law at King's College London, one of the most prestigious criminal law academic positions in the UK.