Wouter Owain Wegkamp

PhD thesis: A rationale for criminal liability for inchoate offences

This PhD project explores the rationale behind criminal liability for inchoate offences, with a primary focus on attempts. It aims to investigate how different theories of punishment, such as retributivism and utilitarianism, influence the construction of liability and the ethical justification for punishing inchoate offences. The research involves a comparative legal analysis of the approaches taken by the Netherlands and England and Wales, examining how each jurisdiction handles inchoate offences, the criteria for liability, and the concept of voluntary withdrawal. Additionally, the project delves into the role of moral luck in assessing culpability and the implications for sanctioning. By engaging with contemporary theorists and exploring practical applications within these legal systems, the study seeks to provide a nuanced understanding of how and why inchoate offences are legitimized and punished.

Who or what inspired you to pursue your research interests?

Most people see punishment as something evident. In philosophical sense punishment is much less evident. Punishment is usually defined as causing deliberate suffering. As administering deliberate suffering is usually defined as unethical the practice of punishment requires an ethical justification. A justification for such a question is called a theory of punishment. I find the question of how we can legitimise punishment and why we punish incredibly interesting. Studying these theories is not only of theoretical importance, but are also important to normatively evaluate a criminal justice system in a specific state. In this PhD project I hope to touch upon topics such as these.