把刑法上的辩护理由分为合理合法的和情有可原的两类,这种分析近来在英—美法理学中颇为流行,这大部分应归功于弗莱彻教授的阐述。已经有了一些根据这种划分写出的论著,弗莱彻的阐述则的确表明,他不仅看到了这两类辩护理由在来源上的不同,而且看到了在某些方面,它们的后果不同。但是,从全面阅读他的论述可以看出其中一个同样引人注目的方面是,他担心这种区别不会总是适合公众对刑事司法的看法,从而可能引起严重的问 Dividing the justification grounds of criminal law into two categories, which are reasonable, legitimate and extenuating, has recently become popular in Anglo-American jurisprudence, largely due to Professor Fletcher’s explanation. There have been some treatises based on this division, and Fletcher’s account does show that he not only sees the difference in the sources of the two types of defense, but also see that in some ways they have different consequences. However, one of the equally striking aspects that one can see from his comprehensive reading is his fear that such differences will not always be appropriate to the public perception of criminal justice and may raise serious questions