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Allowing for exceptions a theory of defences and defeasibility in law

By: Material type: TextTextSeries: Oxford legal philosophyPublication details: 2015 London Oxford University PressDescription: 1 online resourceISBN:
  • 9780191765766
Subject(s): Additional physical formats: Print version: No titleDDC classification:
  • 347.05 23
LOC classification:
  • K247
Online resources: Summary: Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law.
Item type: Electronic-Books
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Includes bibliographical references and index.

Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law.

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