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.
Full text not available from this repository.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 | ||||||
Divisions : | Surrey research (other units) | ||||||
Authors : |
|
||||||
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 : | |||||||
Depositing User : | Symplectic Elements | ||||||
Date Deposited : | 16 May 2017 15:37 | ||||||
Last Modified : | 24 Jan 2020 15:07 | ||||||
URI: | http://epubs.surrey.ac.uk/id/eprint/820921 |
Actions (login required)
![]() |
View Item |
Downloads
Downloads per month over past year