Jump to ContentJump to Main Navigation
Guilty Acts, Guilty Minds$
Users without a subscription are not able to see the full content.

Stephen P. Garvey

Print publication date: 2020

Print ISBN-13: 9780190924324

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780190924324.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2021

Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Guilty Acts, Guilty Minds
Author(s):

Stephen P. Garvey

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190924324.003.0001

The Introduction distinguishes justice and legitimacy as distinct metrics by which to evaluate the rules of the substantive criminal law. It also distinguishes anarchists, who believe no state can or does possess authority (understood as the power to impose moral obligations), and for whom justice is the only metric by which to evaluate the rules of the substantive criminal law, from statists, who believe democratic states can possess authority, and for whom legitimacy is another metric by which the rules of the substantive criminal law can be evaluated. The Introduction introduces the concepts of actus reus (guilty act) and mens rea (guilty mind) as limitations, embodied in immunity rights, against the exercise of the otherwise legitimate authority of a democratic state to define rules ascribing culpability when someone is charged with committing a crime. It concludes with a roadmap briefly describing the plan of the book.

Keywords:   anarchism, statism, government authority, democracy, criminal law theory

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .