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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Guiding Commitments and Criminal Liability for Attempts
Author(s): Duff, R A
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Keywords: Yaffe
Criminal attempts
Guiding commitment view
Attempts and mere preparation
Attempts and endangerments
Circumstantial aspects of attempts
Issue Date: Oct-2012
Citation: Duff RA (2012) Guiding Commitments and Criminal Liability for Attempts, Criminal Law and Philosophy, 6 (3), pp. 411-427.
Abstract: The" Guiding Commitment View" is central to Yaffe's account of attempts in general, and of criminal attempts in particular. I argue, first, that it is too wide, since it does not provide a plausible distinction between attempts and "mere preparation"; second, that on the other hand Yaffe does not do enough to justify a law of criminal attempts, rather than a broader law that would also cover endangerment; and third, that the Guiding Commitment View cannot deal with some difficult issues about the circumstantial aspects of criminal attempts.
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