Oblique intent

Why the name? Well criminal law afficionados will recognise the phrase 'oblique intent' as referring to a problem of mens rea:can a person who intends to do x (such as setting fire to a building to scare the occupants) also be said to have an intention to kill if one of the occupants dies? This is a problem that has consumed an inordinate amount of time in the appeal courts and in the legal journals, and can be taken to represent a certain kind of approach to legal theory. My approach is intended to be more oblique to this mainstream approach, and thus to raise different kinds of questions and issues. Hence the name.

Monday, 6 January 2014

On the passing of the common law of sexual offences

A death notice:

The Sexual Offences (Scotland) Act 2009 (Commencement No 2) Order 2013 www.legislation.gov.uk/ssi/2013/341/made

Peacefully in their sleep, at St Andrew's House in Edinburgh on 16 December 2013, the common law offences of rape, clandestine injury to women, lewd, indecent or libidinous practice or behaviour and sodomy.

[Thanks to James Chalmers]

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