What is Fundamental in Criminal Law?

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  • Author(s): Williams, Garrath (AUTHOR)
  • Source:
    Criminal Justice Ethics. Dec2022, Vol. 41 Issue 3, p278-290. 13p.
  • Additional Information
    • Subject Terms:
    • Abstract:
      Criminal prohibitions declare that we may not achieve our goals by transgressing certain bounds; the prospect of punishment declares that crime will fail, even if an attempt I seems i successful; conviction and punishment remove the stench of success that attaches to completed crimes. Alongside the problems just mentioned, however, it makes some structural features of criminal law puzzling - thus the features that Simester allocates to ascriptive responsibility: Criminal law prioritizes completed crimes; sometimes, it convicts on the basis of violations and harms that exceed intentions or foresight; it belongs to the state. This lengthy, masterful monograph follows Simester's previous joint book with Andreas von Hirsch. [Extracted from the article]
    • Abstract:
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