Abstract

The purpose of the paper is to discover a rationale for the practice of attaching excuses to criminal responsibility. I do this by criticizing the theory of h l a hart that we adopt this practice largely because it gives persons more power to predict and determine their liability to punishment than would a system of "strict" liability. I extract from my criticisms of hart the alternative theory that we adopt the institution of excuses because it insures that persons do not assume burdens beyond what it is necessary to assume for the benefits of the legal system to accrue to all