LAWS 1000 Study Guide - Mens Rea, Social Control
Document Summary
Lack of mens rea due to intoxication. Consent is the only important issue in sexual assault. Donald black describes law as a quantitative variable whose magnitude varies from one social context to another. There is an inverse relationship in law. The smaller the law, the smaller the crime. You have the greatest advantage to conflict with the homogeneous society, but you would not risk that to alienate yourself from them but to get along and agree with each other. In a homogenous society, the rules are few and straight forrward. if disobeyed, there are informal punishments. In large heterogenous societies, people disagree on the rules in place. in this large complex society, rules from outside your individual internal ideas and beliefs are gathered to govern the people. [informal] social control is characterized by three things. 1) rules are unwritten: this is because they are known; passed on orally or otherwise.
