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Criminal Attempts$
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R. A. Duff

Print publication date: 1997

Print ISBN-13: 9780198262688

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262688.001.0001

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Acting, Willing, and Trying

Acting, Willing, and Trying

Chapter:
(p.264) 10 Acting, Willing, and Trying
Source:
Criminal Attempts
Author(s):

R. A. Duff

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262688.003.0010

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

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