Jurisprudence (2014, Forthcoming)
11 Pages Posted: 18 Aug 2011 Last revised: 29 Aug 2014
Date Written: April 1, 2011
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."
Keywords: mistake of fact, mistake of law, deliberation, responsibility, criminal law
Suggested Citation: 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: https://ssrn.com/abstract=1911448
By John Gardner