Guilty acts, guilty minds / Stephen P. Garvey.
"You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them?...
Saved in:
| Main Author: | |
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| Format: | Book |
| Language: | English |
| Published: |
New York, NY :
Oxford University Press,
[2020]
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| Series: | Studies in penal theory and philosophy.
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| Subjects: |
MARC
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| 100 | 1 | |a Garvey, Stephen P., |d 1965- |e author. | |
| 245 | 1 | 0 | |a Guilty acts, guilty minds / |c Stephen P. Garvey. |
| 264 | 1 | |a New York, NY : |b Oxford University Press, |c [2020] | |
| 300 | |a ix, 319 pages ; |c 25 cm. | ||
| 336 | |a text |b txt |2 rdacontent. | ||
| 337 | |a unmediated |b n |2 rdamedia. | ||
| 338 | |a volume |b nc |2 rdacarrier. | ||
| 490 | 1 | |a Studies in penal theory and philosophy. | |
| 504 | |a Includes bibliographical references and index. | ||
| 505 | 0 | |a Introduction -- Authority -- Rights -- Knowledge -- Ignorance -- Agency -- Injustice -- Conclusion. | |
| 520 | |a "You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends"-- |c Provided by publisher. | ||
| 650 | 0 | |a Criminal law |x Philosophy. | |
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| 650 | 7 | |a Criminal law |x Philosophy. |2 fast |0 (OCoLC)fst00883351. | |
| 651 | 7 | |a United States. |2 fast |0 (OCoLC)fst01204155. | |
| 776 | 0 | 8 | |i Online version: |a Garvey, Stephen P., |t Guilty acts, guilty minds |d New York : Oxford University Press, 2020. |z 9780190924348 |w (DLC) 2019053401. |
| 830 | 0 | |a Studies in penal theory and philosophy. | |
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