Lawyers love Latin. Perhaps that is why they use the term mens rea to describe the simple concept that one should not be subject to punishment unless one has acted in a blameworthy way. Traditionally, the criminal law required a showing of mens rea (which is Latin for a guilty mind) for one to be convicted of an offense. One had to knowingly or at least recklessly act in a morally blameworthy way to be subject to criminal punishment.
Mens Rea Requirement: A Critical Casualty of Overcriminalization
Mens Rea Requirement: A Critical Casualty of Overcriminalization
Recent Publications
- Common Law Liberalism: A New Theory of the Libertarian Society (Oxford University Press, 2024)
- “Diversity and Group Performance,” Encyclopedia of Diversity, Springer, 2024
- “Evading and Aiding: The Moral Case Against Paying Taxes,” with Christopher Freiman and Jessica Flanigan, Extreme Philosophy, ed. Stephen Hetherington, Routledge (2024)
- “Online Sports Betting Giants Place Their Bets Against Growing Rivals”
- “Liberal Tolerance for an Illiberal, Intolerant Age”
Recent News
- Business as a Force for Good: MBA Students Support Hurricane Helene Victims Through Ethics Project
- Advocacy group concerned pay-for-plasma clinics expanding to Ontario will hurt voluntary donations
- Jason Brennan and Hélène Landemore, Debating Democracy (University of Zurich’s UBS Center, 2024)
- Jason Brennan “Everything Wrong with Democracy” on the Alex O’Connor Podcast (January 28, 2024)
- On the affirmative action ruling, the Supreme Court got it half right