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Full-Text Articles in Law

Maine's Ancient Law And Legal Theory, Stephen Utz Jul 1984

Maine's Ancient Law And Legal Theory, Stephen Utz

Faculty Articles and Papers

No abstract provided.


Legal Theory And The Obligation To Obey, Philip E. Soper Jan 1984

Legal Theory And The Obligation To Obey, Philip E. Soper

Articles

Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.


Legislative Formality, Administrative Rationality, Harold H. Bruff Jan 1984

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.


Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson Jan 1984

Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson

All Faculty Scholarship

Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …


Undiminished Confusion In Diminished Capacity, Stephen J. Morse Jan 1984

Undiminished Confusion In Diminished Capacity, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Imputed Criminal Liability, Paul H. Robinson Jan 1984

Imputed Criminal Liability, Paul H. Robinson

All Faculty Scholarship

Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …