Elements of a Crime
The Latin term for a "guilty mind," required for a crime.
What is mens rea?
Hobbes' description of life in the state of nature.
What is "solitary, poor, nasty, brutish, and short"?
Actions that can coexist with the freedom of all under universal law.
What are rightful actions?
This thinker argues that remaining in the State of Nature is irrational.
Who is Hobbes?
Fear is an example of this kind of state.
What is a metal state?
The legal term for the actual physical act involved in committing an offense.
What is actus reus?
The mutual distrust that leads to war.
What is diffidence?
Entering into a civil condition by agreeing with others to subject yourselves to a common lawful external coercion, guaranteeing and enforcing rights.
What is the way to leave the State of Nature according to Kant?
This thinker argues that everyone is best suited to know what will make them happy.
Who is Mill?
The body that writes and passes criminal statutes is called this.
What is a legislature?
A type of mens rea that involves acting with awareness of a substantial risk but disregarding it.
What is recklessness?
Equality in expectation and hope of success in their pursuits.
What is the way in which everyone is equal in the State of Nature?
Declaring that others are under an obligation to refrain from using an object of my choice.
What is declaring something external to be mine?
This thinker argues that independence is something we are entitled to because of our status as persons.
Who is Ripstein?
A consideration that speaks in favor of an action is this.
What is a reason?
The legal principle that requires both the guilty mind and the guilty act to occur together.
What is concurrence?
What you might need for survival, including use of the bodies of others.
What is what you have a right to in the State of Nature, according to Hobbes?
The right to the independence of being constrained by another's choice.
What is the right to freedom?
Extra credit: What does a right according to Kant?
This thinker believes we only have provisional rights in the State of Nature.
Who is Kant?
A statement about what ought to be the case or what should be the case.
What is a normative statement?
The term for circumstances surrounding a crime that are relevant to its legality or severity.
What are attendant circumstances?
The simultaneous giving up of all rights to an artificial person.
What is the process required for creating a sovereign?
Ensuring the enforcement and just remedy of rights violations.
What is the purpose of punishment, according to Kant?
This thinker believes that freshly baked Mac and cheese smells like vomit.
Who is Feinberg?
This is a form of control using force or threats.
What is coercion?