NDLI: Intoxication and the Act/Control/Agency Requirement

Content Provider	Springer Nature Link
Author	Dimock, Susan
Copyright Year	2012
Abstract	Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at the time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers.
Starting Page	341
Ending Page	362
Page Count	22
File Format	PDF
ISSN	18719791
Journal	Criminal Law and Philosophy
Volume Number	6
Issue Number	3
e-ISSN	18719805
Language	English
Publisher	Springer Netherlands
Publisher Date	2012-07-14
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Intoxication Criminal liability Involuntariness Automatism Culpability-in-causing Act requirement Control requirement Agency Planning Philosophy Criminal Law Theories of Law, Philosophy of Law, Legal History Philosophy of Law Ethics
Content Type	Text
Resource Type	Article
Subject	Philosophy Law

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