Chapter

Acting, Willing, and Trying

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/9780198262688.003.0010

Series: Oxford Monographs on Criminal Law and Justice

Acting, Willing, and Trying

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This chapter examines the role of volition in determining liability in criminal attempts. It discusses different types of volitions and provides a functionalist account alongside H.A. Prichard's account of volition. These both consider bodily movements as non-basic actions. It argues that neither the simple doctrine of basic actions as bodily movements nor the various arguments for volitionism provide tenable accounts of human action. The chapter explains the volitionist concept hypothetical and categorical criteria of movement and the differences between an act and activity.

Keywords: volition; criminal liability; criminal attempts; bodily movement; action; H.A. Prichard

Chapter.  14712 words. 

Subjects: Criminal Law

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