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Start Over Author "Kleinfeld, Joshua" Topic criminal intent
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1. Why the Mind Matters in Criminal Law.

Author

Kleinfeld, Joshua

Subjects
*CRIMINAL intent, *PUNISHMENT, *CRUELTY, *JUSTICE
Abstract

The article explores the value of mens rea in U.S. criminal law based on reconstructivism. It explains the reconstructivist perspective on crime as a form of expressive action. Also cited is the potential of reconstructive punishment to underwrite cruelty. It describes mens rea as the implication of the internal logic of reconstructivism and a constraint on reconstructivism imposed by individual justice.

Published
2021

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