Referring to the notion of animosity, the Supreme Court formulated the doctrine in United States v. Windsor (2013): In the Equal Protection Clause jurisprudence of the U.S. Constitution, animosity refers to an inappropriate government objective in passing legislation. According to Dale Carpenter, the doctrine of animus involves “examining the rationale for government action.” [11] If Parliament is biased against a protected class, the law is unconstitutional, whether or not it can be justified on other grounds. [11] The U.S. Supreme Court first defined the term in Department of Agriculture v. Moreno (1973)[12] states (emphasis in original): When animus is used in conjunction with other words of Latin origin, its most common meaning is “the intention of”. For example, animus revocandi is the intention to withdraw; Animus possidendi is the intention to possess. Animo, which means “on purpose”, can be used in the same way as Animus. For example, animo means felonico with criminal intent. The animus has long referred to the rational or life-giving components of a person`s psyche (it is derived from the Latin animus, which can mean “spirit”, “spirit”, “courage” or “anger”). Since an important life-giving component of personality can be temperament, the word meant hostility, especially wickedness, motivated by strong prejudice. The term is also used in the analytical psychology of C.

G. Jung in reference to an inner masculine part of the female personality. The English animus is closely related to words like animosity, magnanimity, and unanimity, but it is not as closely related to other similar terms such as animal and animal. The latter terms come from the Latin anima, a distinct term meaning “soul” or “breath” that indicates a person`s physical vitality or life force – the breath of life. In Scots law, the term animus malus (“bad intent”[1]) is sometimes used. [3] If malicious intent falls within the scope of actus reus, that is, the act of committing the offence, it is called fundamental intent. What matters here is that an act giving rise to a criminal offence has been committed. For example, hurting someone requires a fundamental intention. Latin spirit; Intention; Disposition; Draft; Will.

Animo, (v.;) with intent or design. These terms are derived from civil law. In civil law and common law, animus revertendi distinguishes an animal over which one may have a right of ownership of a wild animal (which one cannot possess) by referring to the habitual return of the animal to a person who cares for it. [9] Blackstone describes the doctrine as follows: In criminal law, animus nocendi (“intent to harm”[1]) refers to the state of guilt of a defendant with respect to the actus reus of the crime. It is therefore analogous to mens rea, a term more commonly used in common law countries. The term dates back to the Roman understanding of censorship, where it referred to an author`s impermissible intention to write a literary work. [2] To understand the meaning of animus or intent in a criminal case, let`s review an illustration: ANIMUS. Intent; the spirit with which a thing is done as animus cancellandi, the intention of cancellation; Animus Farandi, intent to fly; animus maiaendi, the intention to remain; Animus Morandi, the intention or purpose of delay. 2. Whether or not a person`s act, if it appears to be criminal, is criminal depends on the intent with which it was committed. Empty intention.

The maxim “actus reus non facit reum nisi mens sit rea” means translated: “An act is not necessarily a guilty act, unless the accused has the mental state necessary for that crime”. [1] Mens rea (guilty mind) is a fundamental element required to make an act a crime. Therefore, in the context of criminal proceedings, hostility to commit the offence and assessment of the result may be equated with mens rea. “Animus furandi.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/animus%20furandi. Retrieved 30 September 2022. Hostility, hostility, antipathy, antagonism, hostility, resentment, hostility mean deep-rooted aversion or malice. Hostility suggests positive hatred, which can be open or hidden. Tacit enmity Hostility indicates enmity that manifests itself in attacks or aggressions. Antipathy and antagonism imply a natural or logical basis for hatred or aversion, antipathy suggests disgust, the desire to avoid or reject, and antagonism suggests a clash of temperaments that easily leads to hostility. A natural antipathy to selfish hostilities between brothers and hostility indicates intense malice and vindictiveness that threaten to inflame hostility.

The hostility that has led to revenge and resentment is particularly applied to the bitter rumor of injustice. Resentment filled every line of its letters The animus adds to hostility the implication of strong prejudices.

Share: