Abstract

http://ssrn.com/abstract=1911448
 
 

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Deliberation, Responsibility, and Excusing Mistakes of Law


Alexander A. Guerrero


University of Pennsylvania - Department of Philosophy; University of Pennsylvania - Department of Medical Ethics and Health Policy

April 1, 2011

Jurisprudence (2014, Forthcoming)
NYU School of Law, Public Law Research Paper No. 11-66

Abstract:     
This paper argues against Gideon Yaffe’s defense of the doctrine that mistakes of law should not excuse offered in his paper "Excusing Mistakes of Law." I question Yaffe's strategy for defending the distinction drawn between excuses based on mistakes of law and excuses based on mistakes of fact. In particular, I question whether Yaffe's reliance on the notion of deliberation can do the work he suggests it can in providing a normative defense for the fact that "false beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse."

Number of Pages in PDF File: 11

Keywords: mistake of fact, mistake of law, deliberation, responsibility, criminal law

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Date posted: August 18, 2011 ; Last revised: August 29, 2014

Suggested Citation

Guerrero, Alexander A., Deliberation, Responsibility, and Excusing Mistakes of Law (April 1, 2011). Jurisprudence (2014, Forthcoming); NYU School of Law, Public Law Research Paper No. 11-66. Available at SSRN: http://ssrn.com/abstract=1911448

Contact Information

Alexander A. Guerrero (Contact Author)
University of Pennsylvania - Department of Philosophy ( email )
433 Cohen Hall
Philadelphia, PA 19104
United States
University of Pennsylvania - Department of Medical Ethics and Health Policy ( email )
3401 Market Street
Suite 320
Philadelphia, PA 19104
United States
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