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Excusing information-provision crimes in the bureaucratic state

Horder, Jeremy (2015) Excusing information-provision crimes in the bureaucratic state. Current Legal Problems, 68 (1). 197 - 227. ISSN 0070-1998

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Identification Number: 10.1093/clp/cuv008

Abstract

A way of conceiving the state in which we live is as the ‘bureaucratic–participatory’ state. The good citizen in this state is the citizen who is honest and truthful, when required to provide information needed by officials charged with furthering the public interest in regulatory contexts. Offences applicable to those who fail to provide the right information to officials form a large proportion of crimes on the statute book. The most disadvantaged members of society are the least well-equipped to meet the information demands of the bureaucratic state, and are the most vulnerable to unjust conviction under such laws. Comparing and contrasting the approach to defences of different forms or ideologies of law, I argue the case for a broad excusing provision to information-provision offences, when those offences target groups especially likely to include disadvantaged members of society. To that end, I focus on information-provision crimes relating to benefit claims.

Item Type: Article
Official URL: http://clp.oxfordjournals.org/
Additional Information: © 2015 The Author
Divisions: Law
Subjects: H Social Sciences > HV Social pathology. Social and public welfare. Criminology
K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 24 Jun 2015 14:24
Last Modified: 20 May 2021 00:20
URI: http://eprints.lse.ac.uk/id/eprint/62445

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