Citation

Williams G. Legal Stud. 1991; 11(2): 204-206.

Copyright

(Copyright © 1991, Society of Legal Scholars, Publisher John Wiley and Sons)

DOI

10.1111/j.1748-121X.1991.tb00557.x

PMID

unavailable

Abstract

After the long discussion of the definition of murder, in the courts and in legal writings, and the deliberations of the Nathan committee (which in essence endorsed the present law, as proposed to be slightly modified in the Draft Code), it might have been hoped that this debate would now subside. But there remain some malcontents, whom William Wilson has now joined by his article in Legal Studies v10, p 307. This propounds a definition of murder which in the author's view would bring 'rationality' into the law (assumed to be at present in some way irrational). His two main proposals are the abolition of the doctrine of oblique intent in the context of murder (or altogether), and the acceptance as an additional mental element for murder, of a purpose to create a lethal risk.

Language: en