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NOTES ON PHILOSOPHY OF LAW

ATTY NIKKI MENDEZ


Consolidated by: KNB

PRINCIPLES
What is intent?
Why is it important in Criminal Law?
What is the Purpose of Criminal Law?
Why is it included in the elements of most crime?
ANS Because everything can be traced back to it

SQ Why are we considering intent as an element for most crimes?


ANS: ascribing values to intentional acts (more blameworthy/weight)

Premise: Humans are rationale beings, capacity to decide, free will, autonomy, discernment
Is it always true? ANS Debatable. (relate to Natural Law and Positive Law)

Intent and Autonomy


(Relate to insanity, youth, and other conditions)
Q How does insanity relate to intent
This is a dilemma. How do we define intent or determine its elements when insane people have
their own reality?
Why do we put our own definition of "normal mentality" to these concepts?

Q How do you know that we are "rationale human being"


Q: Anyone who accuses someone or something always a victim?
Q: How about false allegations?
SQ: In case of this, is the accused entitled for a defense.

Q: Why is intent important


ANS: because one should be aware of the ramification of his actions

LEGIT ANS: NOT EVERYONE AT ALL TIMES ADOPT VALUES SUCH AS LIFE, LIBERTY AND PROPERTY
Q: Why do we uphold defenses in criminal law?:
ANS: We go back to our values. This is problematic.

Q: Why do we uphold insanity as a defense?


ANS: There is dimunition of intelligence. Lack of understanding that the act is criminal.
Q: What is the problem here:
ANS: How are we different from insane people. Who is the person who permanently
embodies the standard.
Ex. In international law, if a state commits an act which the international community
contemplates as criminal but in their state, it is not. Do we consider them insane?
Should we exempt them because their intent is good.
LEGIT ANS: IT ALL BOILS DOWN TO SOCIETY'S BELIEFS.