2022
DOI: 10.1007/s10991-022-09296-5
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Thought Crime and the Treason Act 1351

Abstract: Has there ever been a law criminalizing mental states in themselves? We show that there has been, and still is: the Treason Act 1351. We argue for what we call ‘the Mental Interpretation’ of the Act, over against the interpretation that it criminalizes a complex of a mental state and an ‘overt act’. We also provide authority for the stronger thesis that the overt act functions purely as evidence for the mental state. We discuss other laws in various jurisdictions that have historically criminalized mental stat… Show more

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Cited by 2 publications
(3 citation statements)
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“…This definition encompassed various acts, including but not limited to regicide, conspiracy to commit regicide, waging war against the monarch, and providing assistance to the monarch’s adversaries. The aforementioned actions were deemed as the gravest transgressions against the monarchy and were subject to capital punishment (Hill and Whistler 2022). The Sedition Act of 1661 was implemented during the tenure of Charles II with the aim of mitigating potential dangers to the monarchy.…”
Section: Sedition Laws In Other Countriesmentioning
confidence: 99%
See 1 more Smart Citation
“…This definition encompassed various acts, including but not limited to regicide, conspiracy to commit regicide, waging war against the monarch, and providing assistance to the monarch’s adversaries. The aforementioned actions were deemed as the gravest transgressions against the monarchy and were subject to capital punishment (Hill and Whistler 2022). The Sedition Act of 1661 was implemented during the tenure of Charles II with the aim of mitigating potential dangers to the monarchy.…”
Section: Sedition Laws In Other Countriesmentioning
confidence: 99%
“…This definition encompassed various acts, including but not limited to regicide, conspiracy to commit regicide, waging war against the monarch, and providing assistance to the monarch’s adversaries. The aforementioned actions were deemed as the gravest transgressions against the monarchy and were subject to capital punishment (Hill and Whistler 2022).…”
Section: Sedition Laws In Other Countriesmentioning
confidence: 99%
“…Such “thought crimes” existed in early English law. 39 Sins of thought have also been recognized historically by various Christian denominations. 40 Whether thoughts of sexual conduct with children are immoral, independent of action, need not be decided in order to support harm reduction.…”
Section: Ethical Considerationsmentioning
confidence: 99%