A Philosophy Of Criminal Attempts
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A Philosophy Of Criminal Attempts
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Author : Bebhinn Donnelly-Lazarov
language : en
Publisher:
Release Date : 2015
A Philosophy Of Criminal Attempts written by Bebhinn Donnelly-Lazarov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Criminal act categories.
An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G.E.M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts.
Attempts
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Author : Gideon Yaffe
language : en
Publisher: OUP Oxford
Release Date : 2012-11-29
Attempts written by Gideon Yaffe and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Philosophy categories.
Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. So the law governing attempted crimes is of practical as well as theoretical importance. Questions arising in the adjudication of attempts intersect with questions in the philosophy of action, such as what intention a person must have, if any, and what a person must do, if anything, to be trying to act. Yaffe offers solutions to the difficult problems courts face in the adjudication of attempted crimes. He argues that the problems courts face admit of principled solution through reflection either on what it is to try to do something; or on what evidence is required for someone to be shown to have tried to do something; or on what sentence for an attempt is fair given the close relation between attempts and completions. The book argues that to try to do something is to be committed by one's intention to each of the components of success and to be guided by those commitments. Recognizing the implications of this simple and plausible position helps us to identify principled grounds on which the courts ought to distinguish between defendants charged with attempted crimes.
Criminal Attempts
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Author : Antony Duff
language : en
Publisher:
Release Date : 1996
Criminal Attempts written by Antony Duff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.
A Philosophy Of Criminal Attempts
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Author : Bebhinn Donnelly-Lazarov
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30
A Philosophy Of Criminal Attempts written by Bebhinn Donnelly-Lazarov and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
Extends and adapts G. E. M. Anscombe's philosophy to reveal attempting as a subjective species of intentional action. Locates criminal attempts therein.
The Philosophy Of Criminal Law
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Author : Christopher Cowley
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-05
The Philosophy Of Criminal Law written by Christopher Cowley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-05 with Philosophy categories.
The Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives. At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law. This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.
The Oxford Handbook Of Philosophy Of Criminal Law
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Author : John Deigh
language : en
Publisher: Oxford University Press
Release Date : 2011-09-22
The Oxford Handbook Of Philosophy Of Criminal Law written by John Deigh and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-22 with Law categories.
This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.
Philosophy Of Criminal Law
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Author : Francis Wharton
language : en
Publisher:
Release Date : 1880
Philosophy Of Criminal Law written by Francis Wharton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Criminal law categories.
Punishment Communication And Community
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Author : R. A. Duff
language : en
Publisher: Oxford University Press
Release Date : 2003-05-15
Punishment Communication And Community written by R. A. Duff and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-05-15 with Law categories.
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
Direct And Oblique Intention In The Criminal Law
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Author : Itzhak Kugler
language : en
Publisher: Routledge
Release Date : 2017-07-28
Direct And Oblique Intention In The Criminal Law written by Itzhak Kugler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of oblique intention - i.e. cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention , and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.
The Realm Of Criminal Law
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Author : R A Duff
language : en
Publisher: Oxford University Press
Release Date : 2018-06-28
The Realm Of Criminal Law written by R A Duff and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Law categories.
We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.