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The Doctrinal Basis of the Actus Reus Requirement

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Whether there is a unitary and coherent doctrine that can be referred to as the ‘actus reus requirement’ is the topic of this chapter. Two worries about this doctrine are examined and allayed. One is ... More


Culpable Action

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0004
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter develops from legal retributivism an account of the culpable action requirement of criminal liability and elaborates the implications of that account for perennial problems in criminal ... More


Offence Requirements

Paul H. Robinson

in Structure and Function in Criminal Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198258865
eISBN:
9780191681875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258865.003.0003
Subject:
Law, Criminal Law and Criminology

The most basic organising distinction of offence requirements in current law has been the actus reus-mens rea distinction. This chapter specifically starts by exploring the weaknesses of and the ... More


Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction?

PAUL H. ROBINSON

in Action and Value in Criminal Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258063
eISBN:
9780191681783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258063.003.0009
Subject:
Law, Criminal Law and Criminology

Many criminal lawyers, judges, and professors see the distinction between actus reus and mens rea as one of the more basic of criminal law. Along with the offence-defence distinction, it helps us ... More


Unity in Complex Action Description and in the Actus Reus Requirement

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

In ordinary speech and in criminal codes the descriptions of types of action are seemingly quite diverse, as are the possible taxonomical schemes for classifying them. Yet Anglo-American criminal law ... More


The Normative Basis for the Actus Reus Requirement

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The normative justifications for the actus reus requirement are usually gathered under one rubric, the so-called ‘principle of legality.’ ‘The’ principle is in reality an amalgam of nine legal ... More


Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Michael S. Moore

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary act before ... More


Introduction

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

There are six problems that threaten to make the criminal law unwieldy and complex: (1) that acts as such have no common nature; (2) that the types of acts criminal law prohibits are as diverse as ... More


Criminal Law Doctrine

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0005
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines arguments about the use of neuroscience to inform three primary doctrinal categories for adjudicating guilt: actus reus, mens rea, and the insanity defense. For each category, ... More


Why Distinguish Intention from Foresight?

A. P. Simester

in Harm and Culpability

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260578
eISBN:
9780191682124
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260578.003.0012
Subject:
Law, Criminal Law and Criminology

Philosophers conventionally distinguish between intentional actions and actions which are merely foreseen. The criminal law endorses that distinction, and applies a condition of unreasonableness ... More


Criminal Conduct

Markus D. Dubber

in An Introduction to the Model Penal Code

Published in print:
2015
Published Online:
March 2015
ISBN:
9780190243043
eISBN:
9780190243081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243043.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter discusses the Model Penal Code’s provisions on the prerequisites of criminal liability, including actus reus, mens rea, omission (direct and indirect), possession (simple and compound), ... More


MENS REA, ACTUS REUS, AND THE ROLE OF THE STATE

William Schabas

in Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199653072
eISBN:
9780191739361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653072.003.0006
Subject:
Law, Public International Law

Criminal law classically describes offences as being composed of two elements: the mens rea and the actus reus. The mens rea is the guilty mind and the actus reus is the guilty act. The words come ... More


On What’s Intentionally Done

JENNIFER HORNSBY

in Action and Value in Criminal Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258063
eISBN:
9780191681783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258063.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter raises the question of how far some recent philosophy of action assists in explicating the moral psychological notions that are of concern in jurisprudence. The focus of the overall ... More


The Embedding of Causation in Legal Liability Doctrines

Michael S. Moore

in Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199256860
eISBN:
9780191719653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256860.003.0001
Subject:
Law, Philosophy of Law

This chapter examines the actus reus requirements in tort and criminal law. The essential thesis of the chapter is that our liability scheme in both areas of law is causation-drenched, and that this ... More


Conduct Elements

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses upon the actus reus of genocide, outlining both the conduct elements of the offence and the complexities of identifying the contours of protected groups. It first discusses the ... More


Appraising Strict Liability

Andrew Simester (ed.)

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199278510
eISBN:
9780191706967
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278510.001.0001
Subject:
Law, Criminal Law and Criminology

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more ... More


A Critique

Pamela R Ferguson

in Breach of the Peace

Published in print:
2013
Published Online:
May 2015
ISBN:
9781845861490
eISBN:
9781474406130
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861490.003.0006
Subject:
Law, Constitutional and Administrative Law

This final chapter criticises the crime’s definition, its use by the prosecution in place of other, more apposite offences, and the diverse range of wrong-doing which has been subsumed in this one ... More


Crime as Prime

Richard Holton

in Oxford Studies in Philosophy of Law Volume 3

Published in print:
2018
Published Online:
October 2018
ISBN:
9780198828174
eISBN:
9780191866845
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198828174.003.0006
Subject:
Law, Philosophy of Law

This paper develops an account of core criminal terms like ‘murder’ that parallels Williamson’s account of knowledge. It is argued that while murder requires that the murderer killed, and that they ... More


Juvenile Justice Issues (1): The Age of Criminal Responsibility and the “Family Conference”

Francis Wing-lin Lee

in Nurturing Pillars of Society: Understanding and Working with the Young Generation in Hong Kong

Published in print:
2011
Published Online:
September 2011
ISBN:
9789888028801
eISBN:
9789882207226
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888028801.003.0013
Subject:
Society and Culture, Asian Studies

In achieving a guilty finding in the Hong Kong legal system, both criminal intent or Mens Rea and the criminal act itself or Actus Reus have to be proven. It is important to note that the age ... More


Naming the CrimeGenocide

Michael Bazyler

in Holocaust, Genocide, and the Law: A Quest for Justice in a Post-Holocaust World

Published in print:
2017
Published Online:
November 2016
ISBN:
9780195395693
eISBN:
9780199362912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395693.003.0003
Subject:
Law, Human Rights and Immigration, Legal History

Because the word “genocide” is both used and overused, those first confronting its etymology are surprised to learn that it is of relatively recent origin. Throughout history, nations, tribes, or ... More


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