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A retributive justification for not punishing bare intentions or: on the moral relevance of the ‘now-belief’

Picinali, Federico (2012) A retributive justification for not punishing bare intentions or: on the moral relevance of the ‘now-belief’. Law and Philosophy, 32 (4). 385-403 . ISSN 0167-5249

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Abstract

According to criminal law a person should not be punished for a bare intention to commit a crime. While theorists have provided consequentialist and epistemic justifications of this tenet, no convincing retributive justification thereof has yet been advanced. The present paper attempts to fill this lacuna through arguing that there is an important moral difference between a future-directed and a present-directed intention to act wrongfully. Such difference is due to the restraining influence exercised in the decisional process by the ‘now-belief’, i.e. the belief that the time has come to act, which is exclusively involved in the latter type of intention.

Item Type: Article
Official URL: http://www.springerlink.com/content/102952/
Additional Information: © 2012 Springer
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 25 Jul 2012 07:31
URL: http://eprints.lse.ac.uk/44953/

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