Recent work in the philosophy of criminal law has given renewed
prominence to the distinction between offences and defences.
Unconvinced that this is merely a technical distinction drawn for the
purpose of allocating burdens of proof as between the parties to criminal
proceedings, several theorists have attempted to establish that the
distinction is rooted in the general theory of responsibility, and that it
has significance beyond the criminal law. In this fascinating work, Lu?s
Duarte d’Almeida joins those who deny that the distinction is merely
a technical one. He also agrees that it has a significance reaching well
beyond the criminal law, extending into the whole theory of rules
and exceptions in practical reasoning. But he argues that all this is
nonetheless compatible with an understanding of the distinction that
ties it very closely to the theory of proof.
The first moves of Duarte d’Almeida’s book lay the foundation
for these claims by retrieving some ideas from H.L.A. Hart’s early
(and later disowned) arguments about the role of defences in law and
morality. Duarte d’Almeida’s sophisticated reworking of these ideas
provides the groundwork for his original account of the more general
distinction between rules and exceptions. He shows how this view
casts new light on several issues and problems, including the notion of
the burden of proof and the distinction between offences and defences
in criminal law.