Rotem Kadosh Nussbaum (Brandeis Institute for Society, Economy and Democracy & The Hebrew University of Jerusalem) has posted Motive and Cognitive Dissonance as Part of the Mental Element in Murder Offences (Manitoba Law Journal, Vol. 49, Issue 4 (2026)) on SSRN. Here is the abstract:
This article introduces a novel theoretical and practical model for grading criminal liability in murder offences under Israeli law, in response to the 2019 Homicide Reform. While the reform introduced a new grading scale for homicide, it continues to rely on traditional distinctions such as premeditation and provocation, which, as argued herein, fail to capture the true depth of a murderer’s culpability. In contrast, the proposed model centers on three key elements—motive, the presence or absence of cognitive dissonance, and dangerousness—which together reveal both the offender’s readiness to commit murder and the societal threat he poses. Grounded in Kahneman’s dual-process theory, this approach differentiates between intuitive, automatic thought (System 1) and rational, systematic reasoning (System 2), thus offering a nuanced framework for understanding the interplay between motive, intent, and volition. The article further contrasts the limitations of the traditional American and Canadian approaches with the innovative perspective provided by the Israeli reform, calling for a fundamental shift in how murder offences are graded to ensure a more accurate reflection of culpability.
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