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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.
How can the philosophy of action provide a principled framework for the legal adjudication of attempted crimes? Gideon Yaffe, a professor of law and philosophy, utilizes analytical philosophy to address the inconsistencies in how courts handle criminal attempts. He argues that the legal definition of an attempt should be grounded in a clear understanding of what it means to try to perform an action, specifically focusing on the role of intention and commitment to the components of success.
What You Will Find
Scope Limits
Legal scholars and philosophers frequently cite this work as a rigorous bridge between abstract action theory and practical jurisprudence. Experts highlight the text for its dense, analytical prose that demands careful engagement with the underlying philosophical definitions of intent.
Page Count:
360
Publication Date:
2012-01-01
Publisher:
OUP Oxford
ISBN-10:
0191642231
ISBN-13:
9780191642234
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