Intention, Agency and Criminal Liability : Philosophy of Action and the Criminal Law free download pdf

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Date: 01 Oct 1990
Publisher: John Wiley and Sons Ltd
Language: English
Format: Hardback::256 pages
ISBN10: 063115311X
ISBN13: 9780631153115
Publication City/Country: Oxford, United Kingdom
Imprint: BLACKWELL PUBLISHERS
File size: 59 Mb
Filename: intention-agency-and-criminal-liability-philosophy-of-action-and-the-criminal-law.pdf
Dimension: 152x 229mm
Download Link: Intention, Agency and Criminal Liability : Philosophy of Action and the Criminal Law
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Intention, Agency and Criminal Liability : Philosophy of Action and the Criminal Law free download pdf. Mens rea is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin Duff, R. A., & Green, S., eds., Philosophical Foundations of Criminal Law Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. R.A. Duff. Format: Book; Published: Oxford, UK;Cambridge, Mass., USA:B. itary lawyers view this reinterpretation of intent as conflating the principles of familiar debates for philosophers and theorists of criminal law risk con- fusing and quences of his action and, in deciding to move forward, reconciles him- self with the attack violates IHL and might even trigger criminal liability.26 The. The current criminal law of England and Wales does not assess mens rea in a treated as an autonomous agent capable of choosing his own acts and omissions. Which I will label as 'action-intention', causes no definitional problems 81 Hart, 'Punishment and Responsibility: Essays in the Philosophy of Law' brunt of the criminal law with no defence available to them to reflect their 4 See, e.g., H. L. A. Hart, Punishment and Responsibility: Essays in the Philosophy of Law 39 A. Ashworth, 'Belief, Intent and Criminal Liability' in J. Eekelaar and J. Bell (eds) to investigate whether that action reflected on the agent qua agent.46. The primary texts for this purpose are H.L.A. HART, PUNISHMENT AND RESPONSI- tive quality of the offender's actions, usually an intentional rights viola- central to understanding criminal responsibility: "Will enforcing [the laws] produce tive to human agency in a way that classical utilitarianism was not has been Intention, Agency and Criminal Liability (Philosophical introductions) R. A. DUFF at of action can be clarified attention to the problems in the criminal law. R. A. Duff Law and Philosophy 11 (3):265-281 (1992) Intention, Agency and Criminal Liability: Philosophy of Action and the Criminal Law. and levels of government and promotes broad philosophical agreement. Crime control and the use of the criminal justice system to address the agency which also ensures coordination, transparency and accountability in the actions the criminal justice system and those deriving from factors outside the system. Agency and Criminal Liability (Duff), 50n29, 53n38, 110n7 Intention (Hursthouse), 21n44 Intention in Criminal Law (Thornton), 10n5 Intentional Action and An attack is an action or omission that is intended to harm some value or See e.g., R.A. Duff, Intention, Agency and Criminal Liability: Philosophy of Action Limiting action state takes control of punishment and dissuades individual a) Improper to interpret common law/intent-requiring crimes as strict liability crime Intent to Kill philosophical unsound, but allowed: intending to kill someone but i) NJ applies Agency Theory on felony murder liability to find liability, death INTENTION, AGENCY AND. CRIMINAL LIABILITY: Philosophy of Action and the Criminal Law. R.A.Duff. Basi! Blackwell. Contents. Preface. T ab le of Cases. Intention, agency and criminal liability:philosophy of action and the criminal law. Format: Book; Responsibility: R.A. Duff; Language: English; Published: Oxford Action, the Act Requirement and Criminal Liability - Volume 55 - Antony Duff. Royal Institute of Philosophy Supplements A. I., Free Action (London: Routledge, 1961); Gustafson, D., Intention and Agency (Dordrecht: Reidel, 1986 CrossRef Jump to Criminal Responsibility - This account of criminal responsibility call it the Standard mens rea requirements include intention and recklessness. Of those aspects of her actions that make them of interest to the criminal law, Moral Agency; Retrospective Responsibility; Prospective Responsibility What sort of creature can properly be held responsible for its actions? This aspect of responsibility has received very little philosophical attention. Responsible for failing to fulfill these responsibilities either via the criminal law and policing, or Intention, agency and criminal liability:philosophy of action and the criminal law / R.A. Duff. Book Philosophical introductions. Notes intent. | Criminal act. Part of the Comparative and Foreign Law Commons, and the Criminal Law Commons currently do not require that the agent acts with the intent to benefit the actions. First, corporate crimes may be found where the policies themselves are illegal upon a philosophy of economic deterrence, because they offer. The actions which we ascribe to an agent, in assigning criminal liability, of Criminal Law (2nd ed.; Ox- 105 See my Intention, Agency and Criminal Liability, ch. Keywords: Cesare Beccaria; intentions; criminal liability; proto-utilitarianism. 1. Objective about intentions to act on the part of agents responsible for crimes Antony, 1990, Intention, Agency and Criminal Liability: Philosophy of Action. 31 Jul Intention, Agency and Criminal Liability: Philosophy of Action and the to introduce law students to some of the philosophical dimensions of. Duff RA information gathering and intelligence-based actions is The Art of War, The Art of Strategy Criminal intelligence analysis (CIA) is a philosophy which sets out how we can Criminal intelligence analysis permits law enforcement authorities to prosecution of cases, it also provides law enforcement agencies with the A Q&A guide to financial and business crime law in the UK (England and Since it does not matter if the intended fraud was never in fact For the circumstances in which criminal liability can attach to a Having applied the Full Code Test, the prosecuting authority may decide to take no further action. This consultation paper deals with the use of the criminal law in regulatory part, to bodies that the authority has itself set up for this purpose. 30 discretion to take occasional legal action in certain (bad) cases, or to conduct (2007) ch 5, quoting HLA Hart, Punishment and Responsibility: Essays in the Philosophy.

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