7266. Criminal Law and Moral Psychology

Most jurists and scholars have found it obvious that Mens Rea, or a ‘guilty mind,’ should play an important role in criminal liability. However, questions about the kinds of mental states and psychological capacities required for an actor to have a ‘guilty mind’ or to be morally or criminally blameworthy for their actions remains a source of ongoing disagreement and confusion. This Seminar will explore and critically examine the role of intention, negligence, and related mental states connected to agency, personal responsibility, and the assessment of a ‘guilty mind’ in ethical theory and criminal law. The seminar will canvas new approaches in law, philosophy, and cognitive science in addressing questions about the nature of these mental states, their connection to moral and criminal culpability, and possible avenues of criminal legal reform.