Author(s) | |
---|---|
Publisher | |
Publication Year |
Mistake and Moral Proximity
From: Sovereignty, Restraint, and Guidance
$4.40
Chapter 11 both qualifies and advances the theme that courts have tended to interpret the fault requirement for criminal offences in a manner that resists an impact on guidance. Since the guidance of the criminal law is applied by citizens themselves, there must be some recognition of the significance of mistakes of fact. At the same time, the exculpatory power of mistakes of fact have been circumscribed in a wide range of situations — again, to ensure that the guidance function of criminal offences is not impaired.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).