Andrew Botterell (University of Western Ontario - Faculty of Law) has posted Why We Ought to Be (Reasonable) Subjectivists About Justification (Criminal Justice Ethics, Vol. 26, No. 1, pp. 36-58, 200) on SSRN. Here is the abstract:
In this paper I defend the idea that justifications in criminal law are best thought of subjectively rather than objectively, although the form of subjectivism I defend relies heavily on the concept of a reasonable belief, where reasonableness is seen to have an ineliminable public component. I contrast this position with Paul Robinson's objectivist account of justification, and draw some conclusions about the role played by harm in the criminal law.
