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Law and Philosophy

University of Southern California Legal Studies Working Paper Series

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Full-Text Articles in Legal History

Fair Precaution, Gregory C. Keating Aug 2019

Fair Precaution, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This book chapter briefly sketches a general framework which explains why questions of fairness have a natural salience when the imposition of risks of harm by some on others is at issue, and it applies that conception to major aspects of negligence law. Fairness comes to the fore because risk impositions require us to compare what those who impose the risks stand to gain, and those upon whom they are imposed stand to lose. Determinations of due care reconcile competing claims of liberty and security, for a plurality of persons. Fairly reconciling liberty and security requires reconciling them on terms ...


Knowledge, Recklessness And The Connection Requirement Between Actus Reus And Mens Rea, Alexander F. Sarch Jan 2015

Knowledge, Recklessness And The Connection Requirement Between Actus Reus And Mens Rea, Alexander F. Sarch

University of Southern California Legal Studies Working Paper Series

It is a foundational, but underappreciated principle of criminal liability that being guilty of a crime requires not only possessing the requisite mens rea and actus reus, but also that this mens rea be appropriately connected to the actus reus. That is, the former must concur with or “actuate” the latter. While there has been substantial discussion of the connection requirement as applied to the mens rea of intent, the meaning of this requirement as applied to knowledge and recklessness has received far less attention. In this paper, I consider one of the few sophisticated attempts to spell out the ...


Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch Jan 2015

Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch

University of Southern California Legal Studies Working Paper Series

There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention that the underlying crime succeed, while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime — the so-called “derivative approach.” However, as argued herein, these familiar approaches face difficulties. Accordingly, we have reason to continue our search for the elusive mens rea for complicity. This paper develops a new account of the mens rea for complicity, drawing on an ...