Responsibility and the Abuse Excuse

Does a woman's being repeatedly battered by her husband excuse her killing him while he was asleep? This and similar questions are often dealt with by asking a more general question, “Should we accept abuse excuses? ” These questions engender a lot of heat, but little light, in the media and other public forums, and even in the writings of many theorists. They have been discussed as if there is a typical abuse excuse we can examine in order to examine abuse excuses in general. Similarly, the question of whether we should accept abuse excuses has often been discussed as if it is simple and straightforward. But there is no one typical abuse excuse, and the question of whether to accept such excuses is neither simple nor straightforward. There are many different abuse excuses, many different circumstances in which they are deployed, and many different sorts of concerns motivating their use. In this, abuse excuses are just like other, well-accepted excuses, such as self-defense.

[1]  R. Delgado 'Rotten Social Background': Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation? , 1985 .

[2]  A. Goldman Epistemic Paternalism: Communication Control in Law and Society , 1991 .

[3]  Julie A. Blackman Intimate Violence: A Study of Injustice , 1989 .

[4]  Nancy Sherman The Fabric of Character , 1989 .

[5]  M. Wiener Reconstructing the Criminal: Culture, Law, and Policy in England, 1830-1914 , 1990 .

[6]  S. Allard Rethinking Battered Woman Syndrome: A Black Feminist Perspective , 1991 .

[7]  W. Gaylin,et al.  The killing of Bonnie Garland , 1982 .

[8]  P. Strawson Freedom and Resentment , 1962 .

[9]  S. Meyer,et al.  Aristotle on Moral Responsibility. , 1995 .

[10]  A. Dershowitz The Abuse Excuse: And Other Cop-Outs, Sob Stories, and Evasions of Responsibility , 1994 .

[11]  J. Sartre Anti-Semite and Jew , 1946 .

[12]  M. Moore Choice, Character, and Excuse , 1990, Social Philosophy and Policy.

[13]  H. Trust,et al.  Justification and excuse in the criminal law , 1989 .

[14]  J. Gilligan Violence: Our Deadly Epidemic and Its Causes , 1996 .

[15]  O. O’neill,et al.  Plural and Conflicting Values. , 1990 .

[16]  J. Beattie,et al.  Crime and the Courts in England 1660-1800 , 1986 .

[17]  L. Walker Terrifying Love: Why Battered Women Kill and How Society Responds , 1989 .

[18]  B. Richie Compelled to Crime: The Gender Entrapment of Battered, Black Women , 1995 .

[19]  D. Downs More Than Victims: Battered Women, the Syndrome Society, and the Law , 1996 .

[20]  E. Showalter Hystories: Hysterical Epidemics and Modern Media , 1998 .