ABSTRACT
Although the actus reus/mens rea construct of criminality accords with Cartesian dualism, separating physical and mental elements, advancements in neuroscience support modern philosophical theorising, demonstrating that the mind and body are neither distinct nor severable. Furthermore, recent scientific discoveries provide credence to the orthodox presumptive, or “manifest”, approach to criminal fault attribution. Through the mirror neuron and mentalising systems, an observer acquires direct knowledge of the conduct observed, whether it is individual or group conduct. Accordingly, the manifest approach not only accords with the criminal law’s subjectivist ideal, it is equally valuable in the attribution of corporate blame.
