Chapter

Action, Basic Action, and the ‘Act Requirement’

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/9780198262688.003.0009

Series: Oxford Monographs on Criminal Law and Justice

Action, Basic Action, and the ‘Act Requirement’

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This chapter examines the role of action and act requirement in determining liability in criminal attempts. It discusses some popular accounts of action to which subjectivists sometimes appeal and explains the bases for an objectivist account of the law of attempts concerning action. It explains that philosophers and legal theorists define action not just in terms of bodily movements, but also in terms of bodily movements plus some further feature which identifies those movements to be the results of transitive rather than merely intransitive actions.

Keywords: action; criminal liability; criminal attempt; act requirement; subjectivism; objectivism; bodily movements

Chapter.  12925 words. 

Subjects: Criminal Law

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