Mobilul și scopul. De la concepte filosofice la noțiuni ale dreptului penal
Motive and Purpose. From Philosophical Ideas to Criminal Law Concepts

Summary/Abstract: Philosophers have been using the ideas of motive and purpose in order to find out where human beings belong in the natural order of the world. At the beginning, philosophy considered both motive and purpose to be represented as a unique process, but later on, they were seen as separate concepts. At the same time, the difference between motive and reason was the distinction between moral and intellectual aspects of human actions. After psychology detached itself from philosophy, the study of motive and purpose was used to explain the human behavior. Motive is usually considered an unconscious process, while reason is seen as a conscious one, as well as purpose. Any voluntary human action is triggered by a reason and follows a certain purpose. Due to philosophy and psychology, criminal law science analyzes motive and purpose through the perspective of justifying criminal behavior. They are seen as subjective processes and may appear within the content of certain offenses. Identifying them is a necessary approach and it contributes to proving the link between the perpetrator and its crime. Judges often consider motive and purpose as similar, but their distinction is imposed by scientific reasons.

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