Bounded Causal Theory
Louise Kennefick · Cambridge University Press eBooks · 2025
Chapter 7 engages in greater depth with excuse theory to offer a rationale of partial excuse (in the form of a bounded causal theory) that provides a closer reflection of the flexible nature of the defence in practice, and to legitimise the proposal for an expanded partial defence, in the form of the Universal Partial Defence. Echoing the dual strategy of the Real Person Approach, in terms of recognising both retributivism and recognition of vulnerability at a paradigmatic level, the bounded causal theory proposes the reinvigoration of causal theory but in a way that accords with the dominant capacity-based approach to understanding excuses. In doing so, it responds to three major objections to causal theory: the fear of a universal legal excuse, the fact that not all those with a similar circumstance to the defendant commit crime, and the problem of proving the link between circumstance and criminal act.