Criminalising unknowing defence

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    Abstract

    Should a legal plea of self- or third-party defence include an ‘awareness component’ that requires that the actor was aware of the justificatory facts at the time of action? Some theorists argue that in cases of so-called unknowing defence, where an actor in fact averts an otherwise unavoidable danger to himself or another person although unaware at the time of action that this is what he is doing, the objective facts alone should allow a plea of self- or third-party defence. Cases of unknowing defence raise issues that are highly significant to the nature of justification and liability. In this article I reject some common approaches to this issue and I offer an account of why acts of unknowing defence are appropriately subject to criminal liability for the complete offence (e.g. murder).

    Original languageEnglish
    Pages (from-to)651-664
    Number of pages14
    JournalJournal of Applied Philosophy
    Volume34
    Issue number5
    Early online dateDec 2015
    DOIs
    Publication statusPublished - 01 Nov 2017

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    Liability
    Theorists
    Offence
    Person
    Murder
    Justification
    Danger

    Cite this

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    abstract = "Should a legal plea of self- or third-party defence include an ‘awareness component’ that requires that the actor was aware of the justificatory facts at the time of action? Some theorists argue that in cases of so-called unknowing defence, where an actor in fact averts an otherwise unavoidable danger to himself or another person although unaware at the time of action that this is what he is doing, the objective facts alone should allow a plea of self- or third-party defence. Cases of unknowing defence raise issues that are highly significant to the nature of justification and liability. In this article I reject some common approaches to this issue and I offer an account of why acts of unknowing defence are appropriately subject to criminal liability for the complete offence (e.g. murder).",
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    Criminalising unknowing defence. / Uniacke, Suzanne.

    In: Journal of Applied Philosophy, Vol. 34, No. 5, 01.11.2017, p. 651-664.

    Research output: Contribution to journalArticle

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