David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 4 (1):37-55 (2010)
Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the moral character or intentional structure of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the continuity thesis, according to which attempts are functionally continuous with endangerment offenses: both are legal efforts to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference between attempt and endangerment in principle, no matter how they are labeled in law
|Keywords||Attempt Mens rea Intention Foresight|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Thomas Scanlon (2008). Moral Dimensions: Permissibility, Meaning, Blame. Belknap Press of Harvard University Press.
Warren S. Quinn (1989). Actions, Intentions, and Consequences: The Doctrine of Double Effect. Philosophy and Public Affairs 18 (4):334-351.
Alison McIntyre (2001). Doing Away with Double Effect. Ethics 111 (2):219-255.
John Martin Fischer, Mark Ravizza & David Copp (1993). Quinn on Double Effect: The Problem of "Closeness". Ethics 103 (4):707-725.
Citations of this work BETA
Douglas Husak (2012). Why Punish Attempts at All? Yaffe on 'The Transfer Principle'. Criminal Law and Philosophy 6 (3):399-410.
Dana Kay Nelkin & Samuel C. Rickless (forthcoming). The Relevance of Intention to Criminal Wrongdoing. Criminal Law and Philosophy:1-18.
Similar books and articles
Alec Walen (2012). Potholes on the Path to Purity: Gideon Yaffe's Overly Ambitious Attempt to Account for Criminal Attempts. [REVIEW] Criminal Law and Philosophy 6 (3):383-386.
A. P. Simester & A. T. H. Smith (eds.) (1996). Harm and Culpability. Oxford University Press.
Vincent Chiao (2013). Punishment and Permissibility in the Criminal Law. Law and Philosophy 32 (6):729-765.
Vincent Chiao (2009). Action and Agency in the Criminal Law. Legal Theory 15 (1):1.
Alfred R. Mele (2012). Crimes of Negligence: Attempting and Succeeding. [REVIEW] Criminal Law and Philosophy 6 (3):387-398.
Alexander Sarch (2014). Two Objections to Yaffe on the Criminalization of Attempts. Criminal Law and Philosophy 8 (3):569-587.
Antony Duff (2009). Legal and Moral Responsibility. Philosophy Compass 4 (6):978-986.
Douglas Husak (2009). The Costs to Criminal Theory of Supposing That Intentions Are Irrelevant to Permissibility. Criminal Law and Philosophy 3 (1):51-70.
Douglas Husak (2008). Why Criminal Law: A Question of Content? [REVIEW] Criminal Law and Philosophy 2 (2):99-122.
Emiliano Lorini & Andreas Herzig (2008). A Logic of Intention and Attempt. Synthese 163 (1):45 - 77.
John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.
Added to index2010-09-13
Total downloads19 ( #189,896 of 1,792,164 )
Recent downloads (6 months)5 ( #170,928 of 1,792,164 )
How can I increase my downloads?