Abstract
The last chapter concluded by taking the discussion of legal ideology and the first antithesis of law back from the philosophy of law and punishment to the practice of law itself through an analysis of legal doctrine and the excusing conditions. In this chapter, I pursue the same strategy in relation to the law’s second antithesis by means of an analysis of recent leading English cases concerning questions of criminal responsibility and punishment. It will be my argument that the second antithesis, between individual right and state power, whose philosophical development is charted in Chapters V and VI, is also instantiated within legal doctrine itself.KeywordsLegal ReasoningCriminal ResponsibilitySpecific IntentLegal DoctrineBasic IntentThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
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