- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index
Abstract and Keywords
This chapter examines the concept of actus reus as a basic, essential component of criminal liability. It considers a range of recent scholarly interpretations of actus reus and the extent to which they are supported in the case law, with particular reference to the Canadian and U.S. jurisprudence. It discusses minimalist and maximalist interpretations of actus reus, the first of which conceives of actus reus on the basis of whatever the legislature has decided to criminalize and the second of which restricts criminal liability to positive acts. The chapter looks at approaches that interpret actus reus based on two factors: a person’s “control” over the prohibited outcome or conduct, proposed by Husak, and the person’s practical reasoning, proposed by Duff. The chapter argues that both minimalist and maximalist views of actus reus conflict with well-established features of the criminal law.
Keywords: actus reus, criminal liability, case law, jurisprudence, control, practical reasoning, criminal law, Antony Duff, Douglas Husak, conduct
Vincent Chiao, Faculty of Law, University of Toronto
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- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index