Moral Luck, Free Will, and Mens Rea in Jurisprudence

What is the primary principle of retributive theory?

Who is credited with the foundational theory of retributivism?

What is the main distinction between humans and animals according to Aristotle?

What is the primary goal of virtuous behavior according to Aristotle?

What type of justice deals with the distribution of goods according to Aristotle?

What is the purpose of punishment in retribution theory?

What is the main issue with Rene Rivkin's trading example?

What is the primary difference between Aristotle's view and that of Immanuel Kant and John Stuart Mill?

What is the primary assumption of the doctrine of mens rea in Anglo-American Jurisprudence?

What is the primary purpose of requiring mens rea in criminal punishment?

What is the problem with moral luck, according to Nagel and Williams?

What is the primary difference between the NSW Crimes Act and traffic legislation regarding driving under the influence?

What is the ultimate goal of punishment, according to the normative theories?

What is the primary focus of the descriptive theory of punishment?

What is the primary advantage of the mixed theory of punishment?

What is the primary reason why strict liability offences are an exception to the requirement of mens rea?

In most Anglo-American jurisprudence cases, both mens rea and actus reus are required for punishment.
The doctrine of mens rea assumes free will, implying that engaging in intentional conduct is a choice, and that the individual could have chosen otherwise.

The requirement of mens rea reduces moral luck in punishment by only punishing individuals for crimes they have freely chosen to commit.
However, moral luck still arises in punishment, as the outcome of an offender's actions affects their punishment.

Normative theories focus on what ought to be the purpose of punishment.
Descriptive theory, particularly the mixed theory, is most accurate in practice, as seen in Australia.

This theory has gained renewed popularity in criminological philosophy over the past 30 years.
The principle of retributive theory is that criminals should lose what they gained, and everyone should see this happen.
Aristotle is credited with the foundational theory of retributivism, emphasizing the importance of teleology or purpose.
Aristotle's concept of retributivism is based on his view of human nature, where humans have a capacity for reason and virtuous behavior.

Aristotle divided justice into distributive justice and corrective justice.
In retribution theory, punishment is a form of corrective justice, aiming to restore the distributive balance of advantages between the criminal and law-abiding individuals.
The concept of retribution is illustrated in the example of Rene Rivkin, who was punished for insider trading, not because of the quantum gained, but because the offense was about gaining an unmerited advantage over law-abiding individuals.