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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.
This book investigates the legal and philosophical foundations of the Law of Attempts, questioning how specific doctrines can be rationalized within criminal law theory. R. A. Duff, a noted scholar in legal philosophy, utilizes a comparative approach to examine the development of attempt laws across different jurisdictions. By bridging the gap between practical legal doctrine and abstract philosophy of action, the author provides a framework for understanding why certain acts are criminalized even when they fail to achieve their intended result.
What You Will Find
Legal scholars and practitioners recognize this work as a sophisticated contribution to criminal law theory that successfully integrates comparative legal research with philosophical inquiry. Readers frequently note the academic density of the prose, which serves as a foundational text for those studying the intersection of jurisprudence and criminal justice.
Page Count:
448
Publication Date:
1997-03-27
Publisher:
Clarendon Press
ISBN-10:
019826268X
ISBN-13:
9780198262688
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