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Guilty Acts, Guilty Minds$
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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

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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



(p.1) Introduction
Guilty Acts, Guilty Minds

Stephen P. Garvey

Oxford University Press

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

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