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At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard
At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard
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Review of ANGELA J. DAVIS, ARBITRARY JUSTICE (Oxford University Press, Inc. 2007) 264 pp.
Holistic Culpability, Kimberly Kessler Ferzan
Holistic Culpability, Kimberly Kessler Ferzan
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There are two competing conceptions of mens rea. The first conception is descriptive. We look to a person's mental state to determine if the mental state element is satisfied. This is a question of fact. Alternatively, there is the normative conception of mens rea. This is the question of whether the defendant is blameworthy. The term, mens rea, or "culpability," can therefore refer to the descriptive usage (did the defendant have the requisite mental state, i.e, purpose or knowledge?) or to the normative usage (is the defendant blameworthy, wicked, indifferent?). The tension between descriptive and normative terminology was first identified …