Rehabilitating Bentham's Theory of Excuses

Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Defends Bentham's basic account of excuses against Hart's criticism. The Article makes two primary supporting arguments. The first is an appeal to what is called the pluralism constraint. The second line of argument picks up where the first leaves off. If public safety can tolerate the excuses, why do the excuses cost so little in terms of general deterrence?

Description

Keywords

Bentham's Theory of Excuses, Utilitarians on excuses, Theories of punishment, Legal doctrine, Pluralism constraint, Fabricated excuses, Safeguards, Proportionality, Excuse Doctrine, Infancy and immaturity, Insanity, Intoxication, Provocation, Duress, Modifying the rational actor assumption

Citation

Donald A. Dripps, Rehabilitating Bentham's Theory of Excuses, 42 Tex. Tech L. Rev. 383 (2009-2010)