exculpation and indemnification clauses, cutting back some of the
a species of exculpation: managers pay damages to the LLC for the
Indemnification then goes a step beyond exculpation by
exculpation by not being available to reimburse managers.
Even if we conceded that appearings exist and are neutral from the point of view of judgment, it is not clear that, in McDowell's own terms, they would offer justifications instead of mere exculpations
. We saw that in McDowell's opinion the traditional conception of experience only gave us exculpations
where we needed justifications and this was so because experience was conceived of as non-conceptual.
(111) If a jury determines that she did so only because forcibly (and maliciously) propelled by her older brother Bart, it is ridiculous for the legal system to seek to transmit a message that Lisa is entitled to anything less than top-drawer exculpation.
(116) If Lisa did not suspect--indeed (if it matters) where nobody would have suspected--that her lunch box contained a bomb, it may be thought normatively obtuse to saddle her with the relative stigma that must attach to anything less than the most robust form of exculpation the system makes available.
After cautioning against efforts to classify existing defenses like "self-defense" and "defense of property," it turns attention to two defenses the proper classification of which has consumed substantial scholarly attention--the quasi-defense of provocation that reduces murder to voluntary manslaughter, and the true defense of duress that affords full exculpation. This Section provides reasons to conclude that each is better classified as an excuse.
provide actors with greater protection against manmade threats than defenses of necessity provide against natural threats." (161) If, for example, a driver runs over and kills two people asleep on the road because a gunman sitting beside her threatens to kill her unless she proceeds straight ahead, the driver may win exculpation on grounds of duress.