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

American Philosophical Association Newsletter on Philosophy and Law, 2011
NYU School of Law, Public Law Research Paper No. 11-66

Abstract:     
This short paper is a draft of soon-to-be-published comments on Gideon Yaffe’s paper “Excusing Mistakes of Law.” In this paper, 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."

These comments were originally presented at the 2011 Pacific Division of the American Philosophical Association upon the occasion of Yaffe’s paper being awarded the Berger Prize for being the “best article or chapter in the field of legal philosophy in the past two years.” These comments (along with comments by Mark Greenberg and a response by Gideon Yaffe) will be published in the APA Newsletter on Philosophy and Law.

Number of Pages in PDF File: 12

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

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Date posted: August 18, 2011 ; Last revised: September 21, 2011

Suggested Citation

Guerrero, Alexander A., Deliberation, Responsibility, and Excusing Mistakes of Law (April 1, 2011). American Philosophical Association Newsletter on Philosophy and Law, 2011; 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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