Mens rea,the Achilles’ Heel of Criminal Law

Abstract

The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as an essential condition of culpability (actus non facit reum nisi mens sit rea), is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea (“guilty mind”)—remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law.     

Renewable energy innovations and sustainability transition: How relevant are spatial spillovers?

In the societal challenge to switch to renewable energy, innovation has become an ever‐increasing critical determinant. However, while sustainability transition is a global challenge, diffusion and adoption of innovation tends to be uneven in space and unequal access may cause substantial heterogeneity in energy transition. This research analyzes how domestic and foreign innovation activities in the renewable energy sector influence energy transition over time. Empirical testing shows that a country's domestic innovation activity impacts renewable electricity generation capacity sooner than foreign technological innovations. I document that there are substantial barriers to substitute foreign technologies for domestic innovation efforts in the short run but also observe that foreign technologies have a stronger impact after some years. These findings have implications for cross‐border coordination of governmental innovation support and complementary policy instruments that aim at increasing adoption speed across borders.     

Hiriira Spatiotemporalities: Mapping Oromo Women’s Liberation in Post-Imperial Berlin

In September 2020, Oromo women marched through the streets of Berlin, Germany, demanding recognition for their struggle. This protest march, called a Hiriira in the Oromo language, offers a case study into the entanglements between settler colonial Ethiopia, Germany’s post-empire, and the forces of oppression which link them. This paper uses the spatiotemporal reckonings generated from the Hiriira perspective to understand violence and elucidate the practices of resistance that have emerged despite it. These contrasting ways of viewing space and time are expressed through the tension between imperial spatialising, a way of knowing the world that is imperial and oppressive in nature, and geography guraacha, a Black and Blackened way of knowing space with a particularly Oromo perspective. The result is a type of mapping, tracing the Hiriira route across Berlin while describing the histories that shadow these streets, and the pathways towards liberation that Oromo women are organising.