Ignorance of Law: A Philosophical Inquiry (Oxford Legal Philosopies)

This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Read more... Abstract: This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. Read more... This Book Argues That Ignorance Of Law Should Usually Be A Complete Excuse From Criminal Liability. It Defends This Conclusion By Invoking Two Presumptions: First, The Content Of Criminal Law Should Conform To Morality; Second, Mistakes Of Fact And Mistakes Of Law Should Be Treated Symmetrically. The Author Grounds His Position In An Underlying Theory Of Moral And Criminal Responsibility According To Which Blameworthiness Consists In A Defective Response To The Moral Reasons One Has. Since Persons Cannot Be Faulted For Failing To Respond To Reasons For Criminal Liability They Do Not Believe They Have, Then Ignorance Should Almost Always Excuse. But Persons Are Somewhat Responsible For Their Wrongs When Their Mistakes Of Law Are Reckless, That Is, When They Consciously Disregard A Substantial And Unjustifiable Risk That Their Conduct Might Be Wrong. This Book Illustrates This With Examples And Critiques The Arguments To The Contrary Offered By Criminal Theorists And Moral Philosophers. It Assesses The Real-world Implications For The U.s. System Of Criminal Justice. The Author Describes Connections Between The Problem Of Ignorance Of Law And Other Topics In Moral And Legal Theory.--book Jacket. Methodological Assumptions : How To Approach A Philosophical Inquiry Into The Topic Of Ignorance Of Law -- Existing Law, Scholarly Commentary, And What To Learn From It -- Responsibility -- Refinements, Qualifications, Complexities -- The Real World. Douglas Husak. Includes Bibliographical References (pages 283-294) And Index. Cover 1 Series 3 Ignorance of Law 4 Copyright 5 Dedication 6 Contents 8 Series Editors’ Preface 10 Acknowledgments 12 Introduction 18 1. Methodological Assumptions: How to Approach a Philosophical Inquiry Into the Topic of Ignorance of Law 34 A. The Basic Question 35 B. Critical Morality and the Criminal Law 50 C. Intuitions and Their Limitations 68 2. Existing Law, Scholarly Commentary, and What to Learn From It 84 A. Selected Cases and Commentary 86 B. Notice 105 C. Fact and Law 115 D. The Structure of Exculpatory Claims: Ignorance of Law as a Denial of Mens Rea 130 3. Responsibility 152 A. The Capacity for Responsibility 154 B. Responsibility for Conduct 162 C. Culpable Ignorance and a Duty to Inquire 187 4. Refinements, Qualifications, Complexities 208 A. Knowledge of Wrongdoing 210 B. Hard Cases and Possible Exceptions 233 C. The Doubly Problematic Case of Mala Prohibita 243 D. Negligent Mistakes of Law 264 5. The Real World 270 A. Implementation and Practical Realities 272 B. Consequences and Compromises 287 References 300 Index of Authorities 312 Index 314