First, the accused must commit an act which is deemed by society to be criminal, or actus reus (guilty act). Second, the accused must have the requisite malicious intent to do a legal act, or mens rea (guilty thoughts). However, for so referred to as “strict legal responsibility” crimes, an actus reus is sufficient.
Moreover, it’s onerous to see how the rule of legislation itself is engaged in any challenge of deception. Generality in the legislation, for instance, does not essentially entail any explicit commitments on how the economy or society must be organized; nor does it propagate falsity or error. Nonetheless, it is true that the proceduralism of the rule of regulation may be put to ideological functions, to deflect social criticism and forestall radical change. And if fanatics of the rule of regulation place sufficient emphasis on procedural justice, this can scale back the probability that extra substantive … Read More