Article ID | Journal | Published Year | Pages | File Type |
---|---|---|---|---|
4663157 | Journal of Applied Logic | 2011 | 16 Pages |
Abstract
Most juridical systems contain the principle that an act is only unlawful if the agent conducting the act has a ‘guilty mind’ (‘mens rea’). Different law systems distinguish different modes of mens rea. For instance, American law distinguishes between ‘knowingly’ performing a criminal act, ‘recklessness’, ‘strict liability’, etc. This paper shows we can formalize several of these categories. The formalism used is a complete stit logic featuring operators for actions taking effect in next states, operators for S5-knowledge and operators for SDL-type obligation. The different modes of ‘mens rea’ correspond to the violation conditions of different types of obligation definable in the logic.
Keywords
Related Topics
Physical Sciences and Engineering
Mathematics
Logic
Authors
Jan Broersen,