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| DOI | 10.1017/S352325213000074 |
| YAFFE'S ATTEMPTS | |
| Moore, Michael S. | |
| 通讯作者 | Moore, MS |
| 来源期刊 | LEGAL THEORY
 |
| ISSN | 1352-3252 |
| EISSN | 1469-8048 |
| 出版年 | 2013 |
| 卷号 | 19期号:2页码:136-177 |
| 英文摘要 | Yaffe's handling of two general questions is assessed in this review. The first question is why mere attempts (as opposed to successful wrongdoing) should be made punishable in a well-conceived criminal code. The second question is how attempt liability should be conceived in such a code. As to the first question, Yaffe's nonsubstantive mode of answering it (in terms of his "transfer principle") is contrasted to answers based on some more substantive desert-bases; Yaffe's own more substantive kind of answer (in terms of a desert-base of "faulty modes of reason recognition and response") is examined in light of the implication that the traditional requirements of trying and intending are mere proxies for faulty reason recognition and response as the basis for blaming and punishing attempts. As to the second question, Yaffe's analysis of trying in terms of a "guiding commitment view" is examined in some detail. Canvassed here are the subquestions of: (1) whether appropriate assessibility by certain norms of rationality can give the nature of intending and thus of trying; (2) whether the externally de dicto intent requirements of criminal law statutes can easily be interpreted and applied by standard, extensional methods; (3) whether the distinctions between various kinds of elements within the content of intentions, can be justified ontologically or only practically; (4) whether actors necessarily intend results of their actions that are " very close" to other results that clearly are intended, and if not, whether such actors are nonetheless just as blameworthy for those results as if they did intend them; and (5) whether intention with respect to circumstanceelements differ (in either their psychology or in their moral effect) from beliefs with respect to such circumstance-elements. |
| 类型 | Article |
| 语种 | 英语 |
| 收录类别 | ESCI |
| WOS记录号 | WOS:000211428300004 |
| WOS类目 | Law |
| WOS研究方向 | Government & Law |
| 资源类型 | 期刊论文 |
| 条目标识符 | http://119.78.100.177/qdio/handle/2XILL650/330266 |
| 作者单位 | [Moore, Michael S.] Univ Illinois, Program Law & Philosophy, Chicago, IL 60680 USA |
| 推荐引用方式 GB/T 7714 | Moore, Michael S.. YAFFE'S ATTEMPTS[J],2013,19(2):136-177. |
| APA | Moore, Michael S..(2013).YAFFE'S ATTEMPTS.LEGAL THEORY,19(2),136-177. |
| MLA | Moore, Michael S.."YAFFE'S ATTEMPTS".LEGAL THEORY 19.2(2013):136-177. |
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