On the Duty of Man and Citizen According to Natural Law. Elementorum Jurisprudnetiae Univeralis Libri Duo (On the Duty of Man and Citizen According to Natural Law). Philosophiae Moralis Institutio Compendiaria (A System of Moral Philosophy). Willful Ignorance, Knowledge, and the ‘Equal Culpability’ Thesis: A Study of the Deeper Significance of the Principle of Legality. Husak, Douglas and Craig Callender (1994). Does Criminal Liability Require an Act?” in Philosophy and the Criminal Law: Principle and Critique. Philosophy of Criminal Law: Selected Essays. Criminal Law and Philosophy 6:3: 363–379. Brigham Young University Law Review: 669. Cambridge: Cambridge University Press.įletcher, George P (1978). Oxford: Hart Publishing.įischer, John Martin and Mark Ravizza (1988). When the Rule Swallows the Exception in Rules and Reasoning: Essays in Honor of Frederick Schauer. Oxford University Press.įinkelstein, Claire (1999). Criminal Law Theory: Doctrines of the General Part. Involuntary Crimes, Voluntarily Committed. 5 Ohio Journal of Criminal Law 479.įinkelstein, Claire (2002). Contrived Defenses and Deterrent Threats: Two Facets of One Problem.
Harvard: Harvard University Press.įinkelstein, Claire and Leo Katz (2008). The Responsibility of Intoxicated Offenders. Criminal Law and Philosophy 5:1:1–20.ĭimock, Susan (2009). What Are Intoxicated Offenders Responsible For? The ‘Intoxication Defense’ Re-examined.
Actio libera in causa ejemplos free#
Vincent, Ibo van de Poel and Jeroen van den Hoven, eds., Compatibilist Responsibility: beyond free will and determinism. Please Drink Responsibly: can the responsibility of intoxicated offenders be justified by the tracing principle? Nicole A. Intoxication and the Act/Control/Agency Requirement. 88 California Law Review 93.ĭimock, Susan (2012). Insufficient Concern: A Unified Conception of Criminal Culpability. (Emphasis added.).Īlexander, Larry (2000). (3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person.
(2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognised in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person. 33.1 (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).
Actio libera in causa ejemplos code#
The Canadian criminal code makes it clear that persons will be held responsible for crimes they involuntarily commit if the cause of their involuntariness is self-induced intoxication: S. The phrase “extreme intoxication” is taken from Canadian criminal law. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. This doctrine seems to be instantiated in a great many actual legal practices.
The actio libera doctrine allows us to impute unfree actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes.
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