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.     

Nami's Middle Bronze Age Suburb: The Coastal Settlement at Site 104–106

This study presents a late 19th to early 18th cent. BCE, MBIIA settlement in the immediate vicinity of Tel Nami on the Carmel Coast of Israel. Site 104–106 has been all but destroyed by modern agricultural activity as well as quarrying, but a large number of ceramics and small finds were salvaged during a 1985–6 survey of Tel Nami?'s hinterland as well as subsequent geoarchaeological research of the area. Little of the site remains, and the current study functionally amounts to a salvage project for an MBIIA coastal site, which was mentioned in an earlier survey. Geomorphology reveals how the sandstone kurkar ridges in this area of the coast governed the dynamic relationship between Tel Nami and its hinterland. Comparable ceramic chronology for Site 104–106 presented derives from Aphek-Antipatris, Megiddo, Kabri, Tel Ifshar, Tel Nami itself, and other MBIIA coastal sites of the Southern Levant. The ceramics include well-produced local wares as well as imports from coastal Lebanon, Syria, and Cyprus confirmed by petrographic analyses. Finds suggest a small agro-industrial site in the immediate periphery of the coastal Tel Nami.     

Dendrochronological and radiocarbon dating of subfossil wood from the Morava River basin

The paper deals with dendrochronological and radiocarbon dating of subfossil trunks found in the basin of the Morava River. The research into subfossil trunks had been conducted in the Czech Republic in the past but the research stopped in 2001. 160 records of measurements of subfossil, predominantly oak trunk samples, are preserved from that time. Three years ago the research was reopened and again the most trunks were found in the basin of the Morava River. 92 samples of oak trunks and 7 samples of other tree species (poplar, elm, maple, beech) were taken from selected sites. The samples were processed in compliance with the standard dendrochronological methodology. To date the samples, Czech, Austrian, Polish and German standard chronologies were used. In cases when the dendrochronological dating was unsuccessful, the samples were sent for radiocarbon dating. In total, 35 samples were dated, mainly by the radiocarbon method. Subfossil trunks from gravel pit Tovačov were dated and classified into 4 different periods, the oldest being from 2780–2190 BC. In Osek nad Bečvou, the samples were taken from two sites. Whereas from the 4 trunks taken in the river channel each was from a different period, the trunks from the gravel pit come from 981–1015 AD. The trunks found in the Morava River basin near Strážnice were dated to the 10^th–15^th century. In the future, we expect to extend the amount of the acquired samples with the aim to create a link to the existing standard chronology or to create a long floating average treering curve.     

Tocqueville’s Dual Theory of Revolution

Alexis de Tocqueville’s political thought is often seen as inconsistent for offering two apparently dissimilar theories of revolution. The first is universal democratisation, understood as a social phenomenon and a grand revolutionary change; the second sees revolution as the logical continuation and radicalisation of the preceding regime. The following question arises: was Tocqueville inconsistent in his principal works? I argue that this was not the case and that the two processes are complementary elements in Tocqueville’s model, which combines the ancient cyclical science of regime change with modern theories of revolutionary progress. What Tocqueville offers is a powerful political theory with considerable predictive power. Tocqueville, I consequently claim, should be viewed as a theorist of revolution rather than as a theorist of democracy per se.     

Paths of Erasure and Trails of Resistance in a Neo-Settler-Colonial City

Urban displacement is receiving growing visibility within urban studies. However, most literature centres on the logic of late capitalism and tends to neglect colonial history and local resistance to displacement. This paper takes an alternative path: it relates (a) the history of colonialism and ethnic cleansing of the city of Jaffa with (b) the present-day gentrification and displacement caused by neoliberal urbanism. To unpack this entanglement, the article focuses on political city walking tours led by Internally Displaced Palestinians in Jaffa, alongside a broader repertoire of urban subaltern tactics to reclaim it—ranging from community meetings to more overtly politicised acts of protest and initiatives to disrupt gentrification. The article therefore advances debates on urban displacement and urban citizenship mobilisation through the lens of post-colonial theories, and by adopting a participatory interdisciplinary approach—from a novel perspective that centres local knowledge, lived experiences, and grassroots activism.