Allowing for exceptions a theory of defences and defeasibility in law
Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reas...
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| Format: | eBook |
| Language: | English |
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Oxford
Oxford University Press
2015, 2015
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| Edition: | First edition |
| Series: | Oxford legal philosophy / Oxford legal philosophy
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| Online Access: | |
| Collection: | Oxford University Press - Collection details see MPG.ReNa |
| Summary: | Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law |
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| Physical Description: | 1 online resource |
| ISBN: | 9780191765766 |