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Author: Bebhinn Donnelly-Lazarov
Publisher: Cambridge University Press
Published: 2015-04-30
Total Pages: 253
ISBN-13: 110702983X
DOWNLOAD EBOOKExtends and adapts G. E. M. Anscombe's philosophy to reveal attempting as a subjective species of intentional action. Locates criminal attempts therein.
Author: Bebhinn Donnelly-Lazarov
Publisher: Cambridge University Press
Published: 2015-04-30
Total Pages: 253
ISBN-13: 1316298493
DOWNLOAD EBOOKAn 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.
Author: John Deigh
Publisher: Oxford University Press
Published: 2011-09-22
Total Pages: 540
ISBN-13: 0195314859
DOWNLOAD EBOOKThis 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.
Author: Antony Duff
Publisher: Wiley-Blackwell
Published: 1990-01
Total Pages: 219
ISBN-13: 9780631153122
DOWNLOAD EBOOKAuthor: Gideon Yaffe
Publisher: OUP Oxford
Published: 2012-11-29
Total Pages: 360
ISBN-13: 0191642231
DOWNLOAD EBOOKGideon 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.
Author: David Polizzi
Publisher: Policy Press
Published: 2016
Total Pages: 104
ISBN-13: 1447327322
DOWNLOAD EBOOKThis book situates the social construction of crime and criminal behaviour within the philosophical context of phenomenology and explores how these constructions inform, and justify, the policies employed to address them. It is essential reading for academics and students interested in social theory and theories of criminology.
Author: Bruce A. Arrigo
Publisher: University of Illinois Press
Published: 2010-10-01
Total Pages: 307
ISBN-13: 0252090411
DOWNLOAD EBOOKPhilosophy, Crime, and Criminology represents the first systematic attempt to unpack the philosophical foundations of crime in Western culture. Utilizing the insights of ontology, epistemology, aesthetics, and ethics, contributors demonstrate how the reality of crime is informed by a number of implicit assumptions about the human condition and unstated values about civil society. Charting a provocative and original direction, editors Bruce A. Arrigo and Christopher R. Williams couple theoretically oriented chapters with those centered on application and case study. In doing so, they develop an insightful, sensible, and accessible approach for a philosophical criminology in step with the political and economic challenges of the twenty-first century. Revealing the ways in which philosophical conceits inform prevailing conceptions of crime, Philosophy, Crime, and Criminology is required reading for any serious student or scholar concerned with crime and its impact on society and in our lives.
Author: Smith Simester
Publisher: Oxford University Press on Demand
Published: 1996
Total Pages: 280
ISBN-13: 9780198260578
DOWNLOAD EBOOKThis volume draws together essays, from a number of leading authorities, which identify areas of the modern criminal law where there are significant conceptual difficulties. The subjects covered include justification, excuses, coercion complicity, drug-dealing and criminal harm.
Author: Chad Flanders
Publisher: Rowman & Littlefield
Published: 2015-12-16
Total Pages: 284
ISBN-13: 1783484152
DOWNLOAD EBOOKThere is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
Author: Peter Charleton
Publisher: Bloomsbury Publishing
Published: 2020-10-23
Total Pages: 1654
ISBN-13: 1526518171
DOWNLOAD EBOOKThis second edition of what was in 1999 an acclaimed work, has been completely rewritten. In approaching this, the authors have considerably increased the analysis of the theoretical aspects of criminal law and strengthened citations of academic literature and comparative case law while keeping the narrative concise and focused for easy use by practitioners. Key benefits to readers include a complete overview of criminal law theory; a new series of chapters on the law of evidence as it applies in the fraught circumstances of a criminal trial; a much more analytical approach to the general part and to criminal defences; and the comprehensive coverage of all the major, and many minor, areas of indictable crime. Since the last edition, commentary and case law on sexual offences has proliferated as have legislative interventions; a completely new scheme for dealing with property offences was necessitated by a series of recent statutes; company law and competition offences have assumed a greater significance; and the range of offences covered has had to be increased in order to ensure a comprehensive coverage of this most sensitive and politically charged aspect of law.
