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  1. Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW]Alan Brudner - 2009 - Criminal Law and Philosophy 3 (2):147-166.
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
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