Search results for 'Criminal law Philosophy' (try it on Scholar)

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  1. Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.score: 179.0
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  2. Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.score: 176.0
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, (...)
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  3. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 176.0
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions (...)
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  4. John Deigh & David Dolinko (eds.) (2011). The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.score: 176.0
    This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose (...)
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  5. John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.score: 161.0
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  6. Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.score: 159.0
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake (...)
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  7. Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.score: 151.0
    Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions.
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  8. François Tanguay-Renaud & James Stribopoulos (eds.) (2012). Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.score: 147.0
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  9. Douglas N. Husak (1987). Philosophy of Criminal Law. Rowman & Littlefield.score: 147.0
     
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  10. Lennart Nordenfelt (1992). On Crime, Punishment, and Psychiatric Care: An Introduction to Swedish Philosophy of Criminal Law and Forensic Psychiatry. Almqvist & Wiksell International.score: 147.0
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  11. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 143.0
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books (...)
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  12. Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.score: 143.0
    The criminal law raises wonderfully thorny foundational questions. Some of these questions are conceptual: What is a plausible conception of crime ? What is a plausible conception of criminal law ? Some of these questions are genealogical: What are the historical and genealogical roots of the criminal law in a particular jurisdiction? Other questions are evaluative: What are the political and moral values on which a given conception of criminal law depends? What kind of rational reconstruction, (...)
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  13. Stephen Shute, John Gardner & Jeremy Horder (eds.) (1993). Action and Value in Criminal Law. Oxford University Press.score: 131.0
    In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break (...)
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  14. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.score: 129.0
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  15. Alfonso Donoso (2010). Critical Review: Douglas Husak, Overcriminalization. The Limits of the Criminal Law. [REVIEW] Criminal Law and Philosophy 4 (1):99-104.score: 129.0
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  16. Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.score: 122.0
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, (...)
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  17. Antony Duff & Stuart P. Green (eds.) (2011). Philosophical Foundations of Criminal Law. Oxford University Press.score: 116.0
    Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways ...
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  18. George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.score: 116.0
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...)
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  19. Stephen Shute & A. P. Simester (eds.) (2002). Criminal Law Theory: Doctrines of the General Part. Oxford University Press.score: 116.0
    Written by leading philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
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  20. Matt Matravers (2011). John Gardner: Offences and Defences: Selected Essays in the Philosophy of Criminal Law. [REVIEW] Criminal Law and Philosophy 5 (2):231-235.score: 116.0
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  21. Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.score: 116.0
    This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they ...
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  22. Jørn Jacobsen (2014). Philosophy, Theory and Criminal Law. Jurisprudence 5 (1):209-216.score: 116.0
    Philosophy, Theory and Criminal Law: A Review of Fran?ois Tanguay-Renaud and James Stribopoulos (eds), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational and International Criminal Law.
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  23. Douglas Husak (2009). Gardner on the Philosophy of Criminal Law. Oxford Journal of Legal Studies 29 (1):169-187.score: 116.0
    Offences and Defences is an outstanding collection of eleven of John Gardner's previously published papers in the philosophy of criminal law. I briefly examine his views on five central issues: his claims about basic responsibility and whether it should be construed as relational; his positions on agent neutrality; his arguments about whether moral and criminal wrongs are typically strict; his thoughts about the structure of defences, and, finally, what his account of rape reveals about the content of (...)
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  24. Youngjae Lee (forthcoming). What is Philosophy of Criminal Law? Criminal Law and Philosophy:1-15.score: 116.0
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  25. Antony Duff & N. E. Simmonds (eds.) (1984). Philosophy and the Criminal Law. Steiner.score: 115.0
     
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  26. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.score: 113.0
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives (...)
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  27. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.score: 113.0
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...)
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  28. David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.score: 113.0
    This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.
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  29. Jonathan Witmer-Rich (2011). It's Good to Be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law. [REVIEW] Criminal Law and Philosophy 5 (3):377-398.score: 113.0
    What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it (...)
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  30. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 113.0
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process (...)
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  31. Lucia Zedner (2014). Terrorizing Criminal Law. Criminal Law and Philosophy 8 (1):99-121.score: 113.0
    The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak (...)
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  32. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.score: 113.0
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to (...)
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  33. Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.score: 113.0
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us (...)
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  34. Kai Ambos (2013). The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW] Criminal Law and Philosophy:1-29.score: 113.0
    Current International Criminal Law (‘ICL’) suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’ (supranational right to punish), ‘overall function’ and ‘purposes of punishment’ (For clarification of these basic questions, see Ambos in Oxf J Legal Stud 33:293–315, 2013b. Of course, there are many possible conceptualisations of the basic questions facing any theory of criminal law see, for example, Murphy in Columbia Law Rev 87:509–532, 1987. Yet, taking the perspective of ICL, I would (...)
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  35. Nina Peršak (2014). Criminal Law, the Victim and Community: The Shades of 'We' and the Conceptual Involvement of Community in Contemporary Criminal Law Theory. [REVIEW] Criminal Law and Philosophy 8 (1):205-215.score: 113.0
    The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept (...)
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  36. Thomas Morawetz (ed.) (1991). Criminal Law. New York University Press.score: 105.0
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
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  37. Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.score: 102.0
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  38. Antony Duff (2007). Answering for Crime: Responsibility and Liability in the Criminal Law. Hart Pub..score: 102.0
     
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  39. Joel Feinberg (1984). The Moral Limits of the Criminal Law. Oxford University Press.score: 102.0
    In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...)
     
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  40. Michael J. Gorr & Sterling Harwood (eds.) (1992). Controversies in Criminal Law: Philosophical Essays on Responsibility and Procedure. Westview Press.score: 102.0
  41. Thomas A. Nadelhoffer (2011). Criminal Law, Philosophy, and Psychology : Working at the Cross-Roads. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.score: 102.0
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  42. Shaohua Zhou (2012). Xing Fa Zhi Shi Ying Xing: Xing Shi Fa Zhi de Shi Jian Luo Ji = Adaptability in Criminal Law: About the Practical Logic of Rule of Law in Criminal Justice. Fa Lü Chu Ban She.score: 102.0
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  43. Alec D. Walen (2008). Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility. Criminal Law and Philosophy 3 (1):71-78.score: 101.0
    Doug Husak frames a worry that makes sense in the abstract, but in reality, there is not much to worry about. The thesis that intentions are irrelevant to permissibility (IIP) is a straw man. There are reasons to think that the moral significance of intentions is not properly registered in criminal law. But the moral basis for criticism is not nearly as extreme as the IIP, and the fixes are not that hard to make. Lastly, if they are not (...)
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  44. Hock Lai Ho (forthcoming). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy:1-23.score: 101.0
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive (...)
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  45. François Tanguay-Renaud (2010). Understanding Criminal Law Through the Lens of Reason. Res Publica 16 (1):89-98.score: 99.0
    This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.
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  46. Thomas Søbirk Petersen (2010). New Legal Moralism: Some Strengths and Challenges. [REVIEW] Criminal Law and Philosophy 4 (2):215-232.score: 99.0
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made (...)
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  47. Malcolm Thorburn (2011). The Constitution of Criminal Law: Justifications, Policing and the State's Fiduciary Duties. [REVIEW] Criminal Law and Philosophy 5 (3):259-276.score: 99.0
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  48. Alan Brudner (2008). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.score: 99.0
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
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  49. Gideon Yaffe (2010). Attempts: In the Philosophy of Action and the Criminal Law. OUP Oxford.score: 99.0
    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 (...)
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  50. Larry Alexander (2002). Philosophy of Criminal Law. In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oup Oxford.score: 99.0
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