Andrew Ashworth

in The Oxford Handbook of Philosophy of Criminal Law

Published in print August 2011 | ISBN: 9780195314854
Published online September 2011 | | DOI:

Series: Oxford Handbooks


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Criminal attempt is one of a small group of inchoate offenses that have an established place in most systems of criminal law. Full study of the law of attempts would lead into the depths of the philosophy of action and the controversies in moral philosophy about the role of “moral luck.” This chapter begins by considering the “criminal-law context” of attempts, placing them within the category of inchoate offenses that it then situates within a wider group of nonconsummate offenses. From there, the discussion moves toward the three major elements of the crime of attempt: the fault element, the minimum conduct requirement, and the relevance of impossibility.

Keywords: criminal attempt; moral luck; inchoate offenses; criminal law; nonconsummate offenses; minimum conduct requirement; attempt impossibility

Article.  11207 words. 

Subjects: Philosophy ; Philosophy of Law

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