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Criminal Attempts (Hardcover, New)
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Criminal Attempts (Hardcover, New)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 17 working days
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This original treatment of the law of criminal attempts sets some
of the problems about attempts in the context of deeper issues
about the foundations of criminal liability. Duff begins with some
persisting questions about the law of attempts. What should count
as a criminal attempt? How severely should attempts be punished?
Are there types of 'impossible attempt' which should not be
criminal? These questions lead on to larger issues about the
foundations of criminal liability. Why should we have a law of
inchoate or nonconsummated crimes; and why should that law be a law
of attempts? Should criminal liability be determined by purely
'subjective' criteria (for instance by the intentions and beliefs
with which the agent acted); or should it also depend on the
'objective' or actual impact of his action on the world? Such
questions lead to yet larger questions in the philosophy of action
and in moral philosophy; about the nature of action, about
culpability, about the significance of 'moral luck'. Duff
articulates and defends an 'objectivist' account of criminal
liability against the 'subjectivist' tendencies of much
contemporary legal theory; and this account offers persuasive
answers to the problems with which the book began.
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