Chapter

The Doctrinal Basis of the <i>Actus Reus</i> Requirement

Michael S. Moore

in Act and Crime

Published in print August 2010 | ISBN: 9780199599509
Published online September 2010 | e-ISBN: 9780191594656 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599509.003.0007
The Doctrinal Basis of the Actus Reus Requirement

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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

Chapter.  8376 words. 

Subjects: Jurisprudence and Philosophy of Law

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