Per_minas

<i>Per minas</i>

Per minas

By means of menaces or threats

Per minas, in English Common Law, is to engage in behaviour "by means of menaces or threats".[1]

The term comes from Latin.[2]

Per minas has been used as a defence of duress to certain crimes, as affecting the element of mens rea.[3][4] William Blackstone, the often-cited judge and legal scholar, addressed the use of "duress per minas" under the category of self-defense as a means of securing the "right of personal security", that is, the right of self-defence.[5]

The classic case involves a person who is blackmailed into robbing a bank.

In contract law, Blackstone used per minas to describe the defence of duress, as affecting the element of contract intent, mutual assent, or meeting of the minds.[6][7]

See also

References

  1. [1]
    Clickdocs web site
  2. [2]
    List of Latin legal phrases.
  3. [3]
    Kilbrandon, Lord (1982). "Duressper minas as a defence to crime: I". Law and Philosophy. 1 (2): 185–195. doi:10.1007/BF00848283. S2CID 144718824.
  4. [4]
    Phillips, W. H. (2 August 1875). "A Consideration of What Amounts to Duress per Minas at Law". The American Law Register. 23 (4): 201–207. doi:10.2307/3304503. JSTOR 3304503.
  5. [5]
    Archived 2019-02-24 at the Wayback Machine, citing Blackstone, (I)(2) (1765).
  6. [6]
    Law-dictionary-com, citing I Blackstone's Commentaries 131.
  7. [7]
    Online Law dictionary[permanent dead link], citing Bouvier's Law Dictionary, Revised 6th Ed (1856).


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