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Placing BlameA Theory of the Criminal Law$
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Michael S. Moore

Print publication date: 2010

Print ISBN-13: 9780199599493

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199599493.001.0001

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Causation and the Excuses

Causation and the Excuses

Chapter:
(p.481) 12 Causation and the Excuses
Source:
Placing Blame
Author(s):

Michael Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599493.003.0012

Excuses are seen as what are needed to move from prima facie culpability, to actual culpability. Excuses give the conditions under which an otherwise culpable choice is not blameworthy (either at all, or to a lesser degree). The nature of excuses, the kinds of excuses there are, and the nature of a theory of them, constitute the topics preliminarily explored in this chapter. A causal theory of excuse is elaborated at length, including the facets of such a theory that make it tempting to some. The causal theory is then rejected both on the ground that it does not fit established categories of excuse, and on the ground that it is morally implausible. The combination of such a theory of excuse with determinism is considered at length.

Keywords:   excuse, compulsion, ignorance, determinism, compatibilism, dualism, linguistic dualism, capacity, opportunity

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