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Intention in Criminal Law: The Challenge from Non‐Observational Knowledge
Author(s) -
DonnellyLazarov Bebhinn
Publication year - 2017
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/raju.12187
Subject(s) - mens rea , criminal law , law , psychology , state (computer science) , observational study , criminal procedure , reasonable person , political science , computer science , algorithm , mathematics , statistics
Intention is at the heart of criminal law. If it is not the mens rea requirement found most often in offences, it is still the standard against which other grades of fault tend relatively to be judged. It has generated much controversy, as the crucial question, “Did the defendant intend X?” is resistant to clear answers. This paper argues that intention‐questions are difficult because intention is not the thing law takes it to be: Importantly, contrary to law's assumptions, it is neither a state of mind nor is it connected in an exclusive manner to the reasons for which we act.