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Intention and the search for definition: A marriage of doctrinal inconsistency and incoherent desires.

Date Submitted: 09/10/2006 03:36:12
Category: / Literature
Length: 10 pages (2738 words)
The paradigmatic status of intention as the locus classicus exposition of mens rea, has been subjected to continued criticism, primarily because of the insistence of orthodox criminal lawyers seeking to explain what is seemingly inexplicable. Throughout this paper, I shall explore the reasons why intention has come to occupy such a central position in criminal law doctrine. This will be achieved by analysing the search for the illusive definition pursued by the courts in a …
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…lt;Tab/>Lacey, Nicola, "A Clear Concept of Intention: Elusive or Illusory?", (1993) MLR, Vol 56, 621 *<Tab/>Horder, Jeremy, "Intention in the Criminal Law - A Rejoinder", (1995) MLR Vol 58, 678 *<Tab/>Lacey, N. (1988) State Punishment: Political Principles and Community Values, Routledge *<Tab/>Smith, J.C., "Case Comment. R v Caldwell", (1981), Crim L.R. *<Tab/>Wilson, "Doctrinal Rationality after Woollin" (1999) 62 MLR 448
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