An investigation of criminal attempts unearths some of the most
fundamental, intriguing and perplexing questions about criminal law
and its place in human action. When does attempting begin? What is
the relationship between attempting and intending? Do we always
attempt the possible and, if so, possible to whom? Does attempting
involve action and does action involve attempting? Is my attempt fixed
by me or can another perspective reveal what it is? How ‘much’ action is
needed for an attempt, how ‘much’ intention is needed and can these
matters be decided categorically?
Bebhinn Donnelly-Lazarov’s answers to these questions will interest
criminal law theorists, philosophers and lawyers or law reformers,
who encounter the mixed practical and philosophical phenomenon
of attempting. Inspired by G. E. M. Anscombe’s philosophy, Part I
examines attempting generally and its relationship with intention, action,
subjectivity and possibility. From the conclusions reached, Part II proposes
a specific theory of criminal attempts.