Justification Defenses and Just Convictions

This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. Criminal law is defined here as the institutional representation of the underlying principles of political morality in a liberal society. The book extends the traditional scope of the legal and philosophical discussion of justification defences. It integrates philosophical analysis with a consideration of contemporary applications, it shows how these defences are key components of criminal law, and it explores the relationship between legal and moral justification.

• Combination of philosophical analysis with a consideration of applications, e.g. the case of battered women • Explores the topic of justification defence more deeply than any other book • Schopp is a well-respected legal philosopher through his earlier book for Cambridge: Automatism, Insanity, and The Psychology of Criminal Responsibility (1991)

Contents

1. Justification defenses: the issues; 2. Justification defenses and the conventional public morality; 3. Self-defense; 4. Self-defense and battered women; 5. Duress and systematically complete mitigation; 6. The limits of justification: necessity and nullification; 7. Conclusion.

Review

From reviews of the hardback: ‘... it surpasses anything in the field in terms of rigor, comprehensiveness, and theoretical depth.’ Lawrence Alexander, University of San Diego, School of Law

Nøkkelord: Filosofi Rettsfilosofi