Criminal Attempts

Criminal Attempts

Criminal Attempts

Criminal Attempts

Synopsis

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy.

Excerpt

The law of attempts has been a constant source of fascination for lawyers and philosophers. This monograph examines the law of criminal attempts in its various elements, tracing them back to their theoretical foundations. Written by a distinguished philosopher of criminal law, it is much more than a study of liability for attempts. The book draws upon general criminal law, the philosophy of action, moral philosophy in relation to responsibility, the philosophy of punishment and other sources in its exploration of the principles and assumptions underlying inchoate offences in general and attempts liability in particular. The results of this exercise are to generate a framework for what the author terms an objectivist law of attempts, all the time maintaining close touch with the range of factual situations to which the law has to respond. Antony Duff's book will surely become a classic monograph on criminal law doctrine.

Andrew Ashworth . . .

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