Contents: Introduction: The problem of oblique intention in the criminal law. Intention and degrees of blameworthiness - an introductory discussion; The doctrine of the double effect; Possible implications of the debate about the doctrine of the double effect for the issue of degrees of blameworthiness in the criminal law; A common denominator between direct and oblique intention; Degrees of probability; Reconsidering the idea of grading offences based on the distinction between intention and recklessness; Grading offences by using a moral formula; An alternative justification for grading offences based on the distinction between intention and recklessness; Conclusions. A possible justification for enacting basic crimes of intention: the threshold of culpability requirement; A requirement of a high degree of culpability for offences enacted for retribution purposes; Conclusions; Bibliography; Index.
Itzhak Kugler
’This fascinating book offers a deep theoretical exploration of the issue of criminal intention, while being sensitive to institutional and practical considerations. With its thorough, stimulating and illuminating discussion, conducted in a clear and lucid style, this book should become a classic in the field. In my view it ought to be read by all students and scholars of Criminal law and of Philosophy of law, as well as by practitioners who seek better insights into the law.’ Professor Mordechai Kremnitzer, The Hebrew University, Israel ’An island of lucidity in the ocean of criminal law theory, this book will delight seekers of rational analysis. Focusing on one of the most enduring universal dilemmas in criminal responsibility, it takes the reader on a fascinating new voyage of the mental element of crime. A must for judges and legislators, it will enlight law students of all levels.’ Yoram Shachar, Professor of Law, IDC, Formerly Director of the Institute of Criminology, Tel-Aviv University, Israel
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