Philosophy of Criminal Attempts

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.

List 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.

About the author

Bebhinn Donnelly-Lazarov is a Reader in Law at Swansea University.

Summary

Attempting is one of the most intriguing and perplexing dimensions of human action. Its implications in criminal law are profound. Bebhinn Donnelly-Lazarov explores the philosophical connections between attempting and intending, acting, subjectivity and possibility, and proposes a theory of criminal attempts derived from the anatomy of attempting thus revealed.

Product details

• Authors: Bebhinn Donnelly-Lazarov, Bebhinn (Swansea University) Donnelly-Lazarov, Dr Bebhinn Donnelly-Lazarov, Donnelly-Lazarov Bebhinn
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 30.04.2015
• EAN: 9781107029835
• ISBN: 978-1-107-02983-5
• No. of pages: 254
• Subjects: Education and learning > Adult education/adult education classes; Social sciences, law, business > Law > Criminal law, criminal procedural law, criminology; Law, LAW / Criminal Law / General, Criminal law & procedure, Crime and criminology, Crime & criminology, Criminology: legal aspects, Criminal law: procedure and offences, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law