Trenton Sewell (University of Surrey; University of Oxford) and Angelo Ryu (University of Surrey; University of Oxford – Saint John’s College) have posted The Actus Reus of Attempts (Modern Law Review, Forthcoming) on SSRN. Here is the abstract:
This paper gives an account of the actus reus for a criminal attempt. Conduct that is more than merely preparatory, we argue, intrudes on the same protected domain as the complete offence. This takes a normative approach to actus reus, focusing on the reasons that the defendant acted against. It therefore breaks from the standard approach, which is to descriptively assess the causal proximity between the defendant’s conduct and the completed offence.
Recommended.
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum