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. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.
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. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.
Gideon Yaffe is Associate Professor of Philosophy and Law at the University of Southern California. He is also a member of the network on criminal responsibility and prediction of the John D. and Catherine T. MacArthur Foundation's Law and Neuroscience Project. He is the author of books and articles concerned with moral and criminal responsibility and the history of thought about those topics.
Inhaltsangabe
* Introduction * Part 1: What are Attempts and Why Do We Criminalize Them? * 1: Rationalizing the Criminalization of Attempt * 2: The Need for an Intention * 3: The Nature of Trying * Appendix: A Competing Conception of Trying * Part 2: The Elemental Conception of the Intention in Attempt and Its Implications * 4: The Intention in Attempt * 5: Circumstances and "Impossibility" * Appendix: Lady Eldon and Her Children, Mr. Fact and Mr. Law * 6: If it Can't be Done Intentionally Can it be Tried? * 7: Trying by Asking: Solicitation as Attempt * Part 3: The Evidential Conception of the Act Element and Its Implications * 8: The Need for an Act * 9: Stupid Plans and Inherent Impossibility * 10: The Act in Attempt * Part 4: Sentencing Attempts * 11: Abandonment and Change of Mind * 12: Is it Unfair to Punish Completed Crimes More than Attempts? * Bibliography
* Introduction * Part 1: What are Attempts and Why Do We Criminalize Them? * 1: Rationalizing the Criminalization of Attempt * 2: The Need for an Intention * 3: The Nature of Trying * Appendix: A Competing Conception of Trying * Part 2: The Elemental Conception of the Intention in Attempt and Its Implications * 4: The Intention in Attempt * 5: Circumstances and "Impossibility" * Appendix: Lady Eldon and Her Children, Mr. Fact and Mr. Law * 6: If it Can't be Done Intentionally Can it be Tried? * 7: Trying by Asking: Solicitation as Attempt * Part 3: The Evidential Conception of the Act Element and Its Implications * 8: The Need for an Act * 9: Stupid Plans and Inherent Impossibility * 10: The Act in Attempt * Part 4: Sentencing Attempts * 11: Abandonment and Change of Mind * 12: Is it Unfair to Punish Completed Crimes More than Attempts? * Bibliography
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