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Act and CrimeThe Philosophy of Action and its Implications for Criminal Law$
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Michael S. Moore

Print publication date: 2010

Print ISBN-13: 9780199599509

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199599509.001.0001

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The Doctrinal Basis of the Actus Reus Requirement

The Doctrinal Basis of the Actus Reus Requirement

Chapter:
(p.169) 7 The Doctrinal Basis of the Actus Reus Requirement
Source:
Act and Crime
Author(s):

Michael S. Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599509.003.0007

Whether there is a unitary and coherent doctrine that can be referred to as the ‘actus reus requirement’ is the topic of this chapter. Two worries about this doctrine are examined and allayed. One is that actus reus cannot be distinguished from other elements of liability such as mens rea, causation, or absence of justification or excuse. The other is that there is no reality to the kinds of actions criminal statutes prohibit so that what such statutes prohibit is indeterminate.

Keywords:   actus reus, mens rea, justification, excuse, act types

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