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.
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In the Philosophy of Action and the Criminal Law
Produktdetaljer
ISBN
9780191642234
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter