Subjectivism I: Culpability and Choice

R. A. Duff

in Criminal Attempts

Published in print January 1997 | ISBN: 9780198262688
Published online March 2012 | e-ISBN: 9780191682384 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

Subjectivism I: Culpability and Choice

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This chapter examines a subjectivist argument that liability in criminal attempts should be determined by choice. It explains the importance of choice on the grounds that a system of criminal law which makes liability depend on choice respects individual freedom and maximises citizens' control over their own lives. It argues that the subjectivist conception of choice as the key determinant of criminal liability has some radical implications for the law of attempts.

Keywords: choice; criminal attempts; criminal liability; freedom; subjectivism; criminal law

Chapter.  13022 words. 

Subjects: Criminal Law

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