International Journal of Management and Applied Science (IJMAS)
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Statistics report
Nov. 2018
Submitted Papers : 80
Accepted Papers : 10
Rejected Papers : 70
Acc. Perc : 12%
Issue Published : 54
Paper Published : 3316
No. of Authors : 6857
  Journal Paper




Paper Title :
A Study on the Concept of Mens Rea Elaborating on Socially-Bound Principles Provided Under Statute Law

Author :Fatemeh Ahadi

Article Citation :Fatemeh Ahadi , (2017 ) " A Study on the Concept of Mens Rea Elaborating on Socially-Bound Principles Provided Under Statute Law " , International Journal of Management and Applied Science (IJMAS) , pp. 66-73, Volume-3,Issue-5

Abstract : In the present paper the traditional and customary perspectives on the concept of Mens Reaare challenged and a new definition of the same is put forward. The challenge is based on the idea that the concepts in criminal law need evolution in order to keep their function and practicality. Such an evolution demands such a condition wherein, while granting the characteristics of adaptability with the contextual conditions and principles of criminal law, the maintenance of the same is ensured. The mens rea is customarily defined as ‘culpable state of mind of the accused when committing an offence’ under criminal law and ‘rebellion intent’ under Islamic Jurisprudence. Both definitions of the concept have the capability to undergo evolution and, thus, a new definition of the same is envisaged herein as such that the mens rea constitutes ‘the culpable linkage of mindwith the forbidden conduct’. Two changes are observable in the new definition compared with the existing one: first, the ‘mental state of the mind’ is replaced with ‘linkage of mind’; second, the interpretation of the term ‘culpable’ as an independent constituent shall differ as per the common sense and the contextual conditions. The new definition grants dynamism to the concept and resolves the problems long associated with the definition of the mens reaunder the criminal law. Keywords - Mens rea, state of the mind, rebellion intent, linkage of mind

Type : Research paper

Indexed : Google Scholar


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