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Reconceptualising fault in the criminal law : a defence of reasonable mistake of law
No full textThis is a thesis about criminal culpability and the need for a moral theory of criminal fault. The liberal positivist ideal of separating law and morals has resulted in the moral reductionism of the doctrine of mens rea. Originally a normative concept that was used to evaluate blameworthiness in moral terms, mens rea has been transformed into a descriptive concept that merely identifies the technical, psychological mental states that are required for particular offences. It is argued that the doctrine of mens rea should be recast in an overt normative mould.
This work does not suggest that the morality of prohibited conduct or the moral virtue of the accused be brought into question in determining culpability. The thesis merely argues that morally innocent accused should not be subjected to criminal liability. In order to achieve this, the thesis reconceptualises criminal fault in terms of moral blameworthiness. The doctrine of mens rea is consequently reconstructed so that it can be expressly used to attribute moral blameworthiness more fairly.
It is argued in this dissertation that a person is morally blameworthy when he or she engages in prohibited activity, knowing that it is illegal, or where he or she ought to have known, that it is illegal. Where an accused was reasonably ignorant or mistaken as to the legality of the conduct, he or she should be regarded as morally (and hence, legally) innocent. Thus, the legal rule that ignorance of law is not a defence is unfair, contrary to fundamental principles of justice and can no longer be supported. It is proposed that a general defence of reasonable mistake of law be recognised.
The work exposes a hidden normative doctrine of fault. Because this normative doctrine is formally suppressed, internal contradictions in the key notions of culpability are inevitable. It is demonstrated that by relying on theoretical, historical, doctrinal and comparative analyses, these contradictions can be resolved
Criminal Justice and Diversionary Programmes in Singapore
No full text10.1007/s10609-013-9216-6Criminal Law Forum244527-55
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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