Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes.

What is the Incoherence Objection to Legal Entrapment? / D.J. Hill, S.K. Mcleod, A. Tanyi. - In: JOURNAL OF ETHICS & SOCIAL PHILOSOPHY. - ISSN 1559-3061. - 22:1(2022), pp. 47-73. [10.26556/jesp.v22i1.1181]

What is the Incoherence Objection to Legal Entrapment?

A. Tanyi
Ultimo
2022

Abstract

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes.
Settore PHIL-03/A - Filosofia morale
Settore GIUR-14/A - Diritto penale
2022
Article (author)
File in questo prodotto:
File Dimensione Formato  
JESP+-+22-1+-+A3+-+Hill,+McLeod,+and+Tanyi.pdf

accesso aperto

Tipologia: Publisher's version/PDF
Licenza: Creative commons
Dimensione 274.58 kB
Formato Adobe PDF
274.58 kB Adobe PDF Visualizza/Apri
Pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/1192437
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
  • OpenAlex ND
social impact