Law I / The Architecture of the Offence
Practice question · Fill in the blanks

Complete the architecture of the offence.

Conduct that matches a statutory description is ______. Such conduct is unlawful unless a cause of ______ applies. Whether the unlawful act can be reproached to this particular person is the question of ______. The finalist school moved ______ out of that last category and into the subjective side of the type.

Word bank: typical · justification · culpability · intent · punishability · omission

Hints
  1. The first three blanks are consecutive rungs of the ladder.
  2. The last blank names what finalism relocated.
Show the answer

Conduct that matches a statutory description is typical. Such conduct is unlawful unless a cause of justification applies. Whether the unlawful act can be reproached to this particular person is the question of culpability. The finalist school moved intent out of that last category and into the subjective side of the type.

Why

The last blank is the whole doctrinal argument in one word. Where intent sits decides where a mistake about the facts is handled: on the type, a mistake removes the type and the case fails at stage two; on culpability, the conduct remains typical and unlawful and the case fails at stage four. The same facts, two different answers about what a third party may lawfully do.

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