OXFORD UNIVERSITY PRESS

Attempts: In the Philosophy of Action and the Criminal Law

ISBN : 9780199664641

参考価格(税込): 
¥5,379
著者: 
Gideon Yaffe
関連カテゴリー
ページ
360 ページ
フォーマット
Paperback
サイズ
157 x 232 mm
刊行日
2012年11月
メール送信
印刷

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.

目次: 

PART 1: WHAT ARE ATTEMPTS AND WHY DO WE CRIMINALIZE THEM?
PART 2: THE ELEMENTAL CONCEPTION OF THE INTENTION IN ATTEMPT AND ITS IMPLICATIONS
PART 3: THE EVIDENTIAL CONCEPTION OF THE ACT ELEMENT AND ITS IMPLICATIONS
PART 4: SENTENCING ATTEMPTS

著者について: 

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.

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