Making Sense of Mens Rea: Antony Duff's Account

Gardner, John; Jung, Heike

doi:10.1093/ojls/11.4.559

Cited by 32 publications

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“…How is it that they are able to get things done? Outside of debates in law on criminal intent (called mens rea) (e.g., Gardner & Jung, 1991) and philosophy (e.g., Anscombe, 1957), intent as a distinct construct in memory has received little attention compared to its use as a variable in a predictive model (e.g., Aaker & Keller, 1990;Ajzen & Fishbein, 1980;Bagozzi & Warshaw, 1990;Mittal, 1994;Tripp, Jensen, & Carlson, 1994). Past literature that has studied intention merely as a DV does not help us to better understand why measuring intent influences behavior.…”

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confidence: 99%

Measuring intent: There's nothing “mere” about mere measurement effects

Chapman

2001

Psychology and Marketing

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Prior work has established that measuring intents can influence the likelihood of behavior. Laboratory and field experiments extend past work and show that intentions are unique memorial structures that, once accessible, have profound influences on information processing and behavior. The results consistently demonstrate that measurement influences behavior and that measuring intent has a stronger influence on behavior than measuring attitudes. In addition, the laboratory experiment shows that measuring intents influences the accessibility and extremity of related yet previously unmeasured attitudes. However, measuring attitudes did not influence previously unmeasured intents. The research furthers our understanding of measurement effects and their impact on cognitive structure and behavior, and has implications for survey methodology and public policy. In addition, the research highlights the need for additional research on how intentions are represented in memory. ᭧ 2001 John Wiley & Sons, Inc.We have to remember that what we observe is not nature itself but nature exposed to our method of questioning. (Heisenberg, 1958, p. 58) Survey instruments are not passive vehicles for collecting information. Research indicates that the mere act of measurement influences the things being measured (e.g., Greenwald, Carnot, Beach, & Young, 1987;Gregory, Cialdini, & Carpenter, 1982; Morwitz, Johnson, & 812 CHAPMAN Schmittlein, 1993;Sherman, 1980). Historically, in the social sciences, a variety of terms have been used to label the effect of measurement on the things being measured, including measurement reactivity (Campbell & Stanley, 1966;Carlsmith, Ellsworth, & Aronson, 1976), the selferasing nature of errors in prediction (Sherman, 1980), context effects (e.g., Schwarz & Sudman, 1992), self-generated validity (Feldman & Lynch, 1988), and more recently, specific to the measurement of intent, mere measurement effects (Fitzsimons & Morwitz, 1996;Morwitz, Johnson, & Schmittlein, 1993). A common thread among these terms is simply that the process of questioning someone about their attitudes, beliefs, or intentions changes their cognitive structure and behavioral actions. As Feldman and Lynch (1988, p. 422) have stated, ". . . measurement changes the phenomena under study, producing the thought processes predicted by the theory being tested and quite possibly influencing behavior."If the measurement instrument itself were acting on memory and behavior, this would call into question much of our research, particularly predictive models of behavior such as the Theory of Reasoned Action (TRA). In fact, researchers testing the TRA appear to be concerned about self-generated validity effects, yet few have acted on this concern. Bonfield (1974, p. 383, footnote 1) issued one of the earliest, although footnoted, warnings, "A potential problem with respect to this and previous research testing Dulany's theory is reactivity." Similarly, Ajzen (1985, p. 21) acknowledged that, "It is interesting to note that the very act...

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confidence: 99%

Measuring intent: There's nothing “mere” about mere measurement effects

Chapman

2001

Psychology and Marketing

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“…36 Such assistance is marked by, as Gardner and Jung put it, a set of 'advertence-based omissive deficiencies of practical wisdom, failures to give any or enough weight to known salient considerations in one's practical thinking.' 37 Moreover, the depth of such a deficiency is increased when the principal act is an international crime -conduct which, by definition, is extremely grave.…”

Section: Raising the Mental Element?mentioning

confidence: 99%

Virtuous Accomplices in International Criminal Law

Jackson

2019

SSRN Journal

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“…"Foresight of virtual certainty" could be conceived of as a separate category of mens rea from intention. This is a solution which Tadros 83 and others 84 have alluded to, 85 but it is submitted that the argument should be made far more strongly, and rooted in the communicative enterprise of the criminal law and the need for control over the discretion accorded to its institutions. It is unacceptable, because it makes inaccessible the message (and undermines the communicative enterprise) of the criminal law, to be conservative in the way that the English courts have been and, as a result, use the same words in different ways in different contexts.…”

Section: A a Way Forwardmentioning

confidence: 99%

It's Only Words: On Meaning and Mens Rea

Stark

2013

C.L.J.

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In English law, mens rea terms can be defined differently depending on the context. This article attacks this approach, arguing that it pays insufficient attention to the criminal law's twin needs to communicate effective guidance to citizens who wish to avoid punishment, and to control the discretion accorded to the criminal law's institutions. It would be preferable to have clear definitions of mens rea terms applied uniformly across the criminal law. If there are gaps, these ought to be filled by additional mens rea terms. The practical issues raised by this argument are considered briefly.

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Making Sense of Mens Rea: Antony Duff's Account

Cited by 32 publications

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Measuring intent: There's nothing “mere” about mere measurement effects

Measuring intent: There's nothing “mere” about mere measurement effects

Virtuous Accomplices in International Criminal Law

It's Only Words: On Meaning and Mens Rea

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