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Vol 21 No 11 Nov/Dec 2016

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Direct and Oblique Intention in the Criminal Law: An Inquiry into Degrees of Blameworthiness

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ISBN13: 9780754622482
ISBN: 0754622487
Published: December 2003
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 2 to 4 days.

The subject of intention in the criminal law is causing many debates among criminal lawyers.

This probing volume addresses two key questions: should the criminal law distinguish between direct intention and recklessness, and what should the law be concerning cases of ""oblique intention"" - cases in which the actor does not act in order to cause the proscribed result, but is nevertheless practically certain that his, or her, action will cause it?

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Subjects:
Criminal Law
Contents:
Introduction - The problem of oblique intention in the criminal law.
Part 1: Intention and degrees of blameworthiness - an introductory discussion; The doctrine of the double effect; Possible implications of the debate about the doctrine of the double effect for the issue of degrees of blameworthiness in the criminal law; A common denominator between direct and oblique intention; Degrees of probability; Reconsidering the idea of grading offences based on the distinction between intention and recklessness; Grading offences by using a moral formula; An alternative justification for grading offences based on the distinction between intention and recklessness; Conclusions.
Part 2: A possible justification for enacting basic crimes of intention - the threshold of culpability requirement; A requirement of a high degree of culpability for offences enacted for retribution purposes; Conclusions.