Peter Westen an Attitudinal Theory of Excuse
نویسنده
چکیده
The mother lode of criminal responsibility scholarship is a unitary theory of criminal excuses, that is, a persuasive normative account of why the criminal law adjudges actors to be blameless despite their having engaged in prohibited conduct. The law’s other criminal defenses do not readily lend themselves to unitary normative accounts or, if they do, they rest on normative accounts that are self-evident. Consider what Paul Robinson aptly calls ‘‘non-exculpatory’’ defenses, that is, defenses like double jeopardy and diplomatic immunity that bar actors from being tried for reasons that are independent of
منابع مشابه
Criminal Justice Ethics
Suppose Alice hits Bert on the head. Prima facie, Alice has done something that she ought not to have done: in hitting Bert she has harmed him, or violated a right of his not to be hit on the head, or interfered with his ability to determine his own ends.2 And yet it may be that Alice should not be punished for hitting Bert, either because her action is justified, or because she is excused. It ...
متن کاملExcuse Validation: A Study in Rule-Breaking
Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken....
متن کاملThe Role of Metaphorical Language in the Critical Discourse Analysis of Western Political Texts
The present study was carried out with the purpose of examining the role of metaphorical language in the critical discourse analysis (CDA) of political texts based on the CDA framework and attitudinal model of appraisal theory. According to CDA, the categories of deception, power relations, manipulation, authority, legitimation, and ideology were considered in the analysis of the texts an...
متن کاملManifolds of mappings and shapes
In his Habilitationsvortrag, Riemann described infinite dimensional manifolds parameterizing functions and shapes of solids. This is taken as an excuse to describe convenient calculus in infinite dimensions which allows for short and transparent proofs of the main facts of the theory of manifolds of smooth mappings. Smooth manifolds of immersions, diffeomorphisms, and shapes, and weak Riemannia...
متن کاملThe Shedler-Westen Assessment Procedure (SWAP): making personality diagnosis clinically meaningful.
There is a schism between science and practice in understanding and assessing personality. Approaches derived from the research laboratory often strike clinical practitioners as clinically naive and of dubious clinical relevance. Approaches derived from clinical observation and theory often strike empirical researchers as fanciful speculation. In this article, we describe an approach to persona...
متن کامل