Article ID Journal Published Year Pages File Type
4663157 Journal of Applied Logic 2011 16 Pages PDF
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.

Related Topics
Physical Sciences and Engineering Mathematics Logic
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