Chapter

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: http://dx.doi.org/10.1093/acprof:oso/9780198262688.003.0006

Series: Oxford Monographs on Criminal Law and Justice

Subjectivism I: Culpability and Choice

Show Summary Details

Preview

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

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.