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Criminal Law

1998

University of Pennsylvania Carey Law School

Articles 1 - 3 of 3

Full-Text Articles in Legal History

In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson Jan 1998

In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson

All Faculty Scholarship

No abstract provided.


Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz Jan 1998

Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz

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No abstract provided.


Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley Jan 1998

Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley

All Faculty Scholarship

Present criminal law theory reflects a disagreement over the underlying theory of the justificatory principle, and thus the proper legal formulation of such defenses. At the core of the debate about the principle is the following question. Are justification defenses given because the actor's deed avoids a greater harm, or because she acted for the right reason? The deeds theory of justification justifies conduct that avoids a greater harm, because the conduct is conduct that we would be happy to tolerate under similar circumstances in the future: that is, because the actor has done the right deed. The reasons theory …