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Attempts - In the Philosophy of Action and the Criminal Law (Hardcover, New)
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Attempts - In the Philosophy of Action and the Criminal Law (Hardcover, New)
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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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