Direct and oblique intention in the criminal law : an inquiry into degrees of blameworthiness / Itzhak Kugler.

Format:

Book

Author/Creator:

Kugler, Itzhak., author.

Language:

English

Subjects (All):

Criminal intent.

Criminal liability.

Physical Description:

1 online resource (261 pages) : illustrations

Place of Publication:

Aldershot, Hampshire, England ; Burlington, VT : Ashgate, 2002.

Summary:

The subject of intention in the criminal law is currently causing many debates among criminal lawyers. This compelling and 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 - i.e. 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? The discussion is divided into two parts with the first being devoted to the question of whether it is justified to grade offences based on the distinction between intention and recklessness. The second part deals with offences in which intention is required as a condition for the criminalisation of the conduct and in the context of which reckless actors are not exposed to criminal liability. The book explores the issue of intention from the viewpoint of degrees of moral culpability and it discusses, inter alia, the doctrine of double effect, the possibility that the law in cases of oblique intention should not be the same for all crimes of intention, and the possibility of using a moral formula in the definition of certain offences. The discussion also addresses many other criminal law issues, including the philosophy of punishment, the role of motives in determining degrees of blameworthiness, sentencing, stigma, and criminal attempts.

Contents:

part INTRODUCTION

chapter 1 The Problem of Oblique Intention in the Criminal Law

part PART ONE

chapter 2 Intention and Degrees of Blameworthiness - An Introductory Discussion

chapter 3 The Doctrine of the Double Effect

chapter 4 Possible Implications of the Debate about the Doctrine of the Double Effect for the Issue of Degrees of Blameworthiness in the Criminal Law

chapter 5 A Common Denominator between Direct and Oblique Intention

chapter 6 Degrees of Probability

chapter 7 Reconsidering the Idea of Grading Offences Based on the Distinction between Intention and Recklessness

chapter 8 Grading Offences by Using a Moral Formula

chapter 9 An Alternative Justification for Grading Offences Based on the Distinction between Intention and Recklessness

chapter 10 Conclusions

part PART TWO

chapter 11 A Possible Justification for Enacting Basic Crimes of Intention: The Threshold of Culpability Requirement

chapter 12 A Requirement of a High Degree of Culpability for Offences Enacted for Retribution Purposes

chapter 13 Conclusions.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-351-94400-2

1-315-25775-0

1-351-94399-5

9781315257754

OCLC:

1005538925