Reconceptualising fault in the criminal law : a defence of reasonable mistake of law
This is a thesis about criminal culpability and the need for a moral theory of criminal fault. The liberal positivist ideal of separating law and morals has resulted in the moral reductionism of the doctrine of mens rea. Originally a normative concept that was used to evaluate blameworthiness in moral terms, mens rea has been transformed into a descriptive concept that merely identifies the technical, psychological mental states that are required for particular offences. It is argued that...[Show more]
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