Intoxication and Culpability

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

I tackle the difficult problem of specifying how voluntary intoxication affects criminal culpability generally and recklessness in particular. I contend that the problem need not be conceptualized as an instance of actio libera in causa, namely the situation in which persons do something at t1 to culpably create the conditions of their own defense at t2. Instead, I argue that we need only consider intoxicated defendants at t2 in order to justify their punishment. In the course of defending my view, I challenge conventional wisdom about both the nature of recklessness and the effects of intoxicants. I conclude by discussing a possible ground on which involuntary intoxication might be treated differently.

Original languageEnglish (US)
Pages (from-to)363-379
Number of pages17
JournalCriminal Law and Philosophy
Volume6
Issue number3
DOIs
StatePublished - Oct 1 2012

Fingerprint

intoxication
wisdom
penalty
human being
Culpability
Intoxication
Person
Conventional
Punishment
Involuntary
Wisdom
Actio

All Science Journal Classification (ASJC) codes

  • Philosophy
  • Law

Keywords

  • Actio libera in causa
  • Alcohol
  • Culpability
  • Drugs
  • Intoxication
  • Recklessness

Cite this

Husak, Douglas. / Intoxication and Culpability. In: Criminal Law and Philosophy. 2012 ; Vol. 6, No. 3. pp. 363-379.
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Intoxication and Culpability. / Husak, Douglas.

In: Criminal Law and Philosophy, Vol. 6, No. 3, 01.10.2012, p. 363-379.

Research output: Contribution to journalArticle

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