Skip to main content Accessibility help
×
Hostname: page-component-6bb9c88b65-bw5xj Total loading time: 0 Render date: 2025-07-26T06:21:02.488Z Has data issue: false hasContentIssue false

7 - Bounded Causal Theory

Rethinking the Rationale of Partial Excuse

from Part III - Partial Excuse (Practice, Doctrine, and Theory)

Published online by Cambridge University Press:  aN Invalid Date NaN

Louise Kennefick
Affiliation:
University of Glasgow
Get access

Summary

Chapter 7 engages in greater depth with excuse theory to offer a rationale of partial excuse (in the form of a bounded causal theory) that provides a closer reflection of the flexible nature of the defence in practice, and to legitimise the proposal for an expanded partial defence, in the form of the Universal Partial Defence. Echoing the dual strategy of the Real Person Approach, in terms of recognising both retributivism and recognition of vulnerability at a paradigmatic level, the bounded causal theory proposes the reinvigoration of causal theory but in a way that accords with the dominant capacity-based approach to understanding excuses. In doing so, it responds to three major objections to causal theory: the fear of a universal legal excuse, the fact that not all those with a similar circumstance to the defendant commit crime, and the problem of proving the link between circumstance and criminal act.

Information

Type
Chapter
Information
The Boundaries of Blame
Towards a Universal Partial Defence for the Criminal Law
, pp. 216 - 246
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Accessibility standard: Unknown

Accessibility compliance for the PDF of this book is currently unknown and may be updated in the future.

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×