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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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Action, Basic Action, and the ‘Act Requirement’

Action, Basic Action, and the ‘Act Requirement’

Chapter:
(p.239) 9 Action, Basic Action, and the ‘Act Requirement’
Source:
Criminal Attempts
Author(s):

R. A. Duff

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262688.003.0009

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

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