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The structure of defences in Scots criminal law

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Tadros, Victor (2003) The structure of defences in Scots criminal law. Edinburgh Law Review, 7 (1). pp. 60-79. doi:10.3366/elr.2003.7.1.60

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Official URL: http://dx.doi.org/10.3366/elr.2003.7.1.60

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Abstract

One central pillar of scholarship about criminal defences concerns their structure. Three categories of defence are commonly recognised in the academic literature, and to a degree by the courts: capacity defences, justifications, and excuses. This article considers how defences should be structured and the impact that such a structure has on the content of legally recognised defences such as diminished responsibility, necessity, coercion, and provocation.

Item Type: Journal Article
Divisions: Faculty of Social Sciences > School of Law
Journal or Publication Title: Edinburgh Law Review
Publisher: 1364-9809
ISSN: 1364-9809
Official Date: 2003
Dates:
DateEvent
2003Published
Volume: 7
Number: 1
Page Range: pp. 60-79
DOI: 10.3366/elr.2003.7.1.60
Status: Peer Reviewed
Publication Status: Published

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