Facts, Law, Exculpation, and Inculpation: Comments on Simons

Criminal Law and Philosophy 3 (3):241-245 (2009)
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Abstract

Orthodox criminal law doctrine treats mistakes of law and mistakes of fact differently for purposes of both exculpation and inculpation. Kenneth Simons’ paper in general defends this orthodoxy. I have earlier criticized the criminal law’s attempt to distinguish mistakes of law from mistakes of fact, and I continue to maintain, in opposition to Simons, that the distinction is problematic.

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Citations of this work

You Got What You Deserved.Larry Alexander - 2013 - Criminal Law and Philosophy 7 (2):309-319.
Mistake of Law and Culpability.Douglas Husak - 2010 - Criminal Law and Philosophy 4 (2):135-159.
The Philosophy of Criminal Law: Extending the Debates. [REVIEW]Douglas Husak - 2013 - Criminal Law and Philosophy 7 (2):351-365.

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References found in this work

General theory of law and state.Hans Kelsen - 1945 - Union, N.J.: Lawbook Exchange. Edited by Hans Kelsen.
Crime and Culpability: A Theory of Criminal Law.Larry Alexander, Kimberly Kessler Ferzan & Stephen J. Morse - 2009 - New York: Cambridge University Press. Edited by Kimberly Kessler Ferzan & Stephen J. Morse.

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