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Judgingmens rea: the tension between folk concepts and legal concepts of intentionality
2003
Behavioral sciences & the law
Concepts such as intention, motive, or forethought have generated a great deal of doubt, dispute, and confusion in legal decision making. Here we argue for an empirically based strategy of defining and using such mens rea concepts. Instead of the standard approach of settling these concepts by theoretical argument and the debaters' own intuitions, we rely on social psychological research to determine the meaning and significance of folk concepts concerning mens rea. We demonstrate the reliable
doi:10.1002/bsl.554
pmid:14502689
fatcat:3zfamoq2jjc25cb6i7dyvw4g64