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Mens Rea In Comparative Perspective
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …
The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver
The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver
University of Miami International and Comparative Law Review
No abstract provided.