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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Bibliographic Details
Main Author: Duarte d'Almeida, Luís
Format: eBook
Language:English
Published: Oxford Oxford University Press 2015, 2015
Edition:First edition
Series:Oxford legal philosophy / Oxford legal philosophy
Subjects:
Online Access:
Collection: Oxford University Press - Collection details see MPG.ReNa
Description
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
Physical Description:1 online resource
ISBN:9780191765766