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A reductive theory of justification and excuse
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Text
TitleInfo
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Title
A reductive theory of justification and excuse
Identifier
ETD_1596
Identifier
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http://hdl.rutgers.edu/1782.2/rucore10001600001.ETD.000051352
Language
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eng
Genre
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theses
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Topic
Philosophy
Subject
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(authority = ETD-LCSH)
Topic
Justification (Ethics)
Abstract
Legal theorists commonly employ a distinction between justification defenses and excuse defenses, but there are significant theoretical disagreements about the nature of the distinction as well as about what the distinction entails. This dissertation is concerned with finding the best way to describe the distinction between the moral concepts of justification and excuse that underlie the concepts employed by legal theorists. Chapter 1 begins by examining moral defenses in general, with emphasis on their purpose, nature, function, and epistemology. Chapter 2 critically examines many of the traditional theoretical assumptions made about justification and excuse in the literature with the goal of winnowing them down to an uncontroversial core that can provide the foundation for a fuller, more specific account. Chapter 3 examines the ordinary language meaning of the words "justification" and "excuse" in order to identify any analytic constraints on what a correct theoretical account of justification and excuse may legitimately include. Finally, Chapter 4 offers and defends a reductive theory of justification and excuse which I call "the praise/blame theory." This theory identifies justified acts with those prima facie wrongful acts for which the actor is morally praiseworthy and excused acts with those prima facie wrongful acts for which the actor is merely not to blame. This simple account is consistent with the logical form of moral defenses, requires minimal elaboration on the terms' ordinary language content, avoids the conceptual mistakes that plague more traditional theories, and has the potential help resolve nagging theoretical issues in related fields.
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electronic resource
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xv, 242 p.
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Note
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Ph.D.
Note
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Includes bibliographical references (p. 232-241)
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by Kyle David Haidet
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Haidet
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Kyle David
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Kyle David Haidet
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Husak
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Douglas
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Douglas N. Husak
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McGary
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Howard
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Howard McGary
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McMahan
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Jefferson
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Jefferson A. McMahan
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Ferzan
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Kimberly
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Kimberly Kessler Ferzan
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Rutgers University
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Graduate School - New Brunswick
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OriginInfo
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2009
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2009-05
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xx
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NjNbRU
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Rutgers University Electronic Theses and Dissertations
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ETD
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Title
Graduate School - New Brunswick Electronic Theses and Dissertations
Identifier
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rucore19991600001
Identifier
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doi:10.7282/T3P84C3G
Genre
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ETD doctoral
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The author owns the copyright to this work.
Copyright
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Copyright protected
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Open
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Non-exclusive ETD license
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Author Agreement License
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I hereby grant to the Rutgers University Libraries and to my school the non-exclusive right to archive, reproduce and distribute my thesis or dissertation, in whole or in part, and/or my abstract, in whole or in part, in and from an electronic format, subject to the release date subsequently stipulated in this submittal form and approved by my school. I represent and stipulate that the thesis or dissertation and its abstract are my original work, that they do not infringe or violate any rights of others, and that I make these grants as the sole owner of the rights to my thesis or dissertation and its abstract. I represent that I have obtained written permissions, when necessary, from the owner(s) of each third party copyrighted matter to be included in my thesis or dissertation and will supply copies of such upon request by my school. I acknowledge that RU ETD and my school will not distribute my thesis or dissertation or its abstract if, in their reasonable judgment, they believe all such rights have not been secured. I acknowledge that I retain ownership rights to the copyright of my work. I also retain the right to use all or part of this thesis or dissertation in future works, such as articles or books.
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