The Doctrinal Basis of the Actus Reus Requirement
The Doctrinal Basis of the Actus Reus Requirement
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 that actus reus cannot be distinguished from other elements of liability such as mens rea, causation, or absence of justification or excuse. The other is that there is no reality to the kinds of actions criminal statutes prohibit so that what such statutes prohibit is indeterminate.
Keywords: actus reus, mens rea, justification, excuse, act types
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