Two Objections to Yaffe on the Criminalization of Attempts

Sarch, Alexander (2013) Two Objections to Yaffe on the Criminalization of Attempts Criminal Law and Philosophy, 8 (3). pp. 569-587.

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Abstract

In his recent book Attempts, Gideon Yaffe suggests that attempts should be criminalized because of a principle he dubs the "Transfer Principle." This principle holds that if a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized. Although Yaffe provides a powerful defense of the Transfer Principle, in this paper I argue that Yaffe's argument for it ultimately does not succeed. In particular, I formulate two objections to Yaffe's argument for the Transfer Principle. First, I argue that a basic assumption about criminalization, on which Yaffe's argument crucially depends, is incomplete, and Yaffe's own attempt to supplement it undermines his argument for the Transfer Principle. Second, I argue that Yaffe's argument does not properly account for the fact that those who merely attempt a crime and those who complete it might sometimes be responding to reasons in different ways. Accordingly, I conclude that Yaffe has not succeeded in establishing the truth of the Transfer Principle. © 2013 Springer Science+Business Media Dordrecht.

Item Type:	Article
Subjects :	Law
Authors :	Name Email ORCID Sarch, Alexander a.sarch@surrey.ac.uk
Date :	14 March 2013
DOI :	10.1007/s11572-013-9210-4
Copyright Disclaimer :	Copyright 2013 Kluwer Academic Publishers
Uncontrolled Keywords :	Abandonment, Attempt, Blame, Censure, Criminalization, Gideon Yaffe, Punishment, Reconsideration, Renunciation, Transfer Principle
Related URLs :	Author
Depositing User :	Symplectic Elements
Date Deposited :	16 May 2017 15:37
Last Modified :	16 Jan 2019 17:35
URI:	http://epubs.surrey.ac.uk/id/eprint/820921

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