A Philosophy of Criminal Attempts

Administrative / Constitutional Law › Criminal Law

A Philosophy of Criminal Attempts

By Bebhinn Donnelly-Lazarov
Cambridge University Press April 2015

Specifications

ISBN-13
9781107029835
Publisher
Cambridge University Press
Publication
April 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

Part I. The Anatomy of Attempts:
1. Attempts and intention
2. Attempts and action
3. Attempts and subjectivity
4. Attempts and possibility

Part II. Application to Criminal Attempts:
5. Actus reus and mens rea
6. Impossibility and extraordinariness in criminal attempts
7. Criminal attempts and moral luck
8. Reckless attempts?
9. Inchoate theft and inchoate rape.
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