Crime as Prime
Accepted version
Peer-reviewed
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Repository DOI
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Authors
Holton, Richard https://orcid.org/0000-0002-8116-2639
Abstract
This paper develops an account of core criminal terms like ‘murder’ that parallels Williamson’s account of knowledge. It is argued that while murder requires that the murderer killed, and that they did so with a certain state of mind, murder cannot be regarded as the conjunction of these two elements. Rather murder should be seen as a primitive notion, which entails each of them. This explains some of the problems around criminal attempt. Attempted murder cannot be seen simply as involving the state of mind of murder minus success; rather, it has to be seen as a self-standing offence, that of attempting to commit the murder.
Description
Title
Crime as Prime
Keywords
Is Part Of
Oxford Studies in Philosophy of Law Volume 3
Book type
Publisher
Oxford University Press
Publisher DOI
ISBN
9780198828174